Thanks for posting these comparative facts. Very interesting. I couldn't help but find the irony / humor in the "30.06" code classification. There's a lot to be said for the clarity of Utah's laws to remove as much ambiguity as possible. While they may not be perfect, they're about as good as it gets, and certainly when compared to some other States.UtahCFP said:So here is a fun "compare and contrast" for you. Having been a CFP instructor in Utah for about a decade (am not one at the moment) and now being a "License to Carry" (LTC) instructor here in Texas, its interesting to note how the two states handle "gun-buster" signs.
In Utah, the places where you can't carry are pretty clearly spelled out -- if it's not on the list, it's not on the list. A person representing the property owner can always ask you to leave, which gets us to trespass laws, but then again they can ask you to leave for any ol' reason (not prohibited by law).
In Texas, there are official signs for saying you can't carry concealed, as described in section 20 of the penal code (http://www.statutes.legis.state.tx.us/D ... /PE.30.htm). The signs take two forms: the 30.06 (http://codes.findlaw.com/tx/penal-code/ ... 30-06.html) which pertains to concealed carry, and 30.07 (http://codes.findlaw.com/tx/penal-code/ ... 30-07.html) for open carry. These two signs, which have specific wording, font size, readability, and placement requirements, are considered to be "written communication" providing notice in the section saying "[F]or purposes of this section, a person receives notice if the owner of the property or someone with apparent authority to act for the owner provides notice to the person by oral or written communication".
The idea is that, in Texas, you need to have "effective consent" to carry a handgun on someone's property. The 30.06 and 30.07 signs are clear indicators of not having effective consent, but the gun buster signs are not so clear. Did the property owner choose to use a gun-buster sign knowing that some people would feel comforted by them while LTC holders would recognize them as not being official (and able to carry), or did the property owner actually mean no guns at all -- and does that apply to law enforcement as well? So you could be arrested for carrying at a location with a gun-buster sign, and then it would be up to the courts to figure out if you actually committed an offense. With 254 counties in Texas, there are at least 254 different flavors of how that could play out. I know of at least one case where a judge considered a gun buster sign to be an effective communication.
So what is missing from the Texas code is saying the ONLY (posted) written form for giving notice is the 30.06 and 30.07 signage. The way I look at it -- in Utah, the gun-buster sign expresses an opinion; in Texas the gun-buster sign may or may-not be considered by the property owner to be an effective communication of notice.
</sigh> I miss the clarity of the Utah laws.