Originally posted by mmoses
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30.06 sign issue at Sprouts
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Originally posted by mmoses View PostWe seem to not understand the word contrast.
con·trast
noun
ˈkänˌtrast/
1. the state of being strikingly different from something else
How can white letters and black letters both be contrasting on the same background?
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Originally posted by WCB View PostBackground of the sign looks clear to me. Wouldn't contrasting be something like a white background with black letters? Not something as subjective or ever changing as a floor mat or shelve behing the sign...
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Originally posted by WCB View PostAnd I'm not suggesting for anyone to ignore anything. Do what you think is right.
At Love Field Airport a few years ago I noticed their signage on the entrance. The law says I can carry in an airport but not into secured area. The sign was an old sign and nothing near a 30.06. I ask a LEO inside, and stated I was not carring, and he told me he would arrest me and let the judge figure it out. I'm sorry, but that is an assinine answer from a LEO. A not legal sign and he would arrest me anyway?? Let the judge figure it out?? They work for me. Not me for them...
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Whoa there cowboy. That wasn't a smart *** PM. The lawyer comment was a pure and simple joke. Nothing more, nothing less. Unwad them Victoria's...Another joke.
I know what I will do or not do if I see that a shop owner doesn't want guns in THEIR place. Simply asking about the way I thought I understood the law surrounding the 30.06 signage. I "thought" the sign itself had to be contrasting colors. You clarified that the law says nothing about the sign itself has to be contrasting but just as long as one can read it. Sometimes... I do agree it's a problem having it covered by shelving.
Sorry for misinterpreting the 30.06 as meaning contrasting colors of the sign.
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Originally posted by WCB View PostWhoa there cowboy. That wasn't a smart *** PM. The lawyer comment was a pure and simple joke. Nothing more, nothing less. Unwad them Victoria's...Another joke.
I know what I will do or not do if I see that a shop owner doesn't want guns in THEIR place. Simply asking about the way I thought I understood the law surrounding the 30.06 signage. I "thought" the sign itself had to be contrasting colors. You clarified that the law says nothing about the sign itself has to be contrasting but just as long as one can read it. Sometimes... I do agree it's a problem having it covered by shelving.
Sorry for misinterpreting the 30.06 as meaning contrasting colors of the sign.
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Originally posted by WCB View PostDidn't even think about you receiving any other PMs. Figured I was the only one dumb enough to do that.Most of the time I think I'm funny. The lawyer comment really was only meant as a joke. Any lawyers up this late are drinking scotch and smoking cigars. Any have an intern or 2 around...
not a lawyer yet though, just train them. lol
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Originally posted by WCB View PostAnd I'm not suggesting for anyone to ignore anything. Do what you think is right.
At Love Field Airport a few years ago I noticed their signage on the entrance. The law says I can carry in an airport but not into secured area. The sign was an old sign and nothing near a 30.06. I ask a LEO inside, and stated I was not carring, and he told me he would arrest me and let the judge figure it out. I'm sorry, but that is an assinine answer from a LEO. A not legal sign and he would arrest me anyway?? Let the judge figure it out?? They work for me. Not me for them...
All trespassing laws require that you have been giving "notice" that being on the property without permission was forbidden. Under "written notice" for 30.06 is states exactly what the words must say verbatim and it states that it has to be in black letters on a contrasting background. I see no room for interpretation that clear glass is a "contrasting background". In fact it is no background at all.
It is not like it is a defense to prosecution where an officer can make an arrest and you can later claim a defense in court. Trespassing clearly says that a warning must be given and states exactly what those warnings are. For example under Criminal Trespass, notice of forbidden entry in a wooded area can be purple paint on trees between 3 and 5 feet from the ground. If you are in the woods and see white paint, legally it is meaningless. I don't expect an officer to arrest you for trespassing and say, "let a judge figure it out". The law is very specific on what the "notice" must be. Under 30.06 Trespass By CHL Holder..... that specific "notice" is stated and clear glass doesn't fit, period. To me it would be an unlawful arrest and opens the officer and his agency up for a potential lawsuit.
What would be legal is for the owner to ask you to leave verbally with or without the invalid sign.
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TVC is correct. I don't think it's ever been litigated, but the letters stuck on glass doesn't seem to meet the contrasting background requirement. Maybe property owners just don't want to muddy up their pretty storefront? And even if TVC's not correct, the varying light conditions behind the glass would render the letters not contrasting at times and the sign not conspicuous. And that's before addressing the sign's low placement and obstruction by a display.
Remember, this is Texas. Most prosecutors and law enforcement officers aren't looking to jack someone over such a poorly designed and placed sign like this.
LWD
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If I went in anyway the only way anyone would know would be if I had to draw my gun or needed emergency medical care. At that point trespass would not be that big of a concern. Usually I'll turn around and leave. Couple of times I've returned my gun to the safe and went ahead and shopped although not happily. That'll show'em...
But, for some reason, I try to obey the law.Even if I believe it's asinine.
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Originally posted by retrieverman View PostI've known the owner of Sprouts all my life and am FB friends with him now. He's a great guy and is from Nacogdoches. I'll PM him and see what he says about the signs. As a CHL holder since 1996, I'm curious as to why businesses choose to refuse my patronage by posting these signs.
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Originally posted by LWD View PostTVC is correct. I don't think it's ever been litigated, but the letters stuck on glass doesn't seem to meet the contrasting background requirement. Maybe property owners just don't want to muddy up their pretty storefront? And even if TVC's not correct, the varying light conditions behind the glass would render the letters not contrasting at times and the sign not conspicuous. And that's before addressing the sign's low placement and obstruction by a display.
Remember, this is Texas. Most prosecutors and law enforcement officers aren't looking to jack someone over such a poorly designed and placed sign like this.
LWD
I respect their opinions and everything. But they didn't get the entire story or see the picture posted. If they did and still came up with that being a legal sign I may encourage them to research the law a bit more. My point was the entire sign had to be legal at all angles. Not just most, all. If that wasn't the case they could post it on the ceiling and say, "Well, when you get at this angle at 2pm on a sunny day you can see the sign. Therefore, it's legal notice."Last edited by SB09; 04-09-2015, 10:10 AM.
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