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#2050265 - 11/18/15 04:34 PM Hand Gun Signage
MyOhMyWeComply Offline
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Texas
What are other institutions doing about the requirements for the new sign (sign is approx. 3ft tall when completed to specs about 1in lettering)...

We were thinking about doing smaller signs but found out it can carry a hefty fine... We allow concealed carry but would like to ban the open carry.

Any thoughts or insights are greatly appreciated!

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#2050270 - 11/18/15 04:40 PM Re: Hand Gun Signage MyOhMyWeComply
The OG Zaibatsu Offline
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#2050275 - 11/18/15 04:47 PM Re: Hand Gun Signage MyOhMyWeComply
MyOhMyWeComply Offline
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Texas
Sec.A411.209.AaWrongful Exclusion of Concealed Handgun License Holder.
(a) A state agency or a political subdivision of the state may not provide notice by a communication described by Section 30.06, Penal Code, or by any sign expressly referring to that law or to a concealed handgun license, that a license holder carrying a handgun under the authority of this subchapter is prohibited from entering or remaining on a premises or other place owned or leased by the governmental entity unless license holders are prohibited from carrying a handgun on the premises or other place by Section 46.03 or 46.035, Penal Code.
(b) A state agency or a political subdivision of the state that violates Subsection (a) is liable for a civil penalty of:
(1) not less than $1,000 and not more than $1,500 for the first violation; and
(2) not less than $10,000 and not more than $10,500 for the second or a subsequent violation.
(c) Each day of a continuing violation of Subsection (a) constitutes a separate violation.
(d) A citizen of this state or a person licensed to carry concealed handgun under this subchapter may file a complaint with the attorney general that a state agency or political subdivision is in violation of Subsection (a) if the citizen or person provides the agency or subdivision a written notice that describes the violation and specific location of the sign found to be in violation and the agency or subdivision does not cure the violation before the end of the third business day after the date of receiving the written notice.
Note: Texas also has a different sign that is posted in and about every establishment that derives 51% or more of its income from the sale or service of alcoholic beverages for on premises consumption. Carry in these establishments is against the law even with a Permit/License to Carry. The 51% sign must be posted by law on any establishment that derives more than 50% of their income from the sale of alcohol. You can see an image of the 51% Signs Here 30.06 Sign Here (Both signs have size requirements in the statutes.)

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#2050279 - 11/18/15 04:54 PM Re: Hand Gun Signage MyOhMyWeComply
The OG Zaibatsu Offline
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Texas
Again, I ask (and clarify): What carries a hefty fine (that could be imposed on your bank)?
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#2050787 - 11/20/15 08:35 PM Re: Hand Gun Signage MyOhMyWeComply
The OG Zaibatsu Offline
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Texas
Sorry, I am sorry I was being vague, but I hope you noticed that 411.209 only applies to a state agency or political subdivision. My questions were meant to get you to notice that. Have a great Thanksgiving!
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#2050900 - 11/23/15 03:36 PM Re: Hand Gun Signage MyOhMyWeComply
Always In Training Offline
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Where the Green Grass Grows
We used the english version straight from the regulation. There is no requirement for a specific size from what we understand if we don't vary from the notice in 30.07. We've gotten pushback from our local law enforcement because they want the sign in English & Spanish and want it a specific size, but I can't find that there's a size requirement if we use the exact wording in the statute.

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#2050914 - 11/23/15 04:06 PM Re: Hand Gun Signage MyOhMyWeComply
The OG Zaibatsu Offline
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Texas
That is misinformation. If you want to post the statutory signs so that ignoring your signs is a crime, then they MUST be:

* in the statutory language;
* in contrasting colors with block letters at least 1 inch in height;
* in English and Spanish; and
* displayed in a conspicuous manner clearly visible to the public (AND under 30.07, at every public entrance--though I think it is arguable that a 30.06 sign isn't conspicuous and clearly visible to the public if it isn't at every entrance.)

If you abide by the statute in posting your signs and a CHL comes onto your property armed with their handgun, it is a Class C Misdeameanor, and it becomes a Class A Misdemeanor when you ask them to leave and they don't.

Don't believe me about the signage, read for yourself from HB 910:

This is Penal Code § 30.06, as amended by HB 910, [The first (A) you come across is the Paragraph (A) that is mentioned in (B)(i)]:

(3)"Written communication" means:
(A) a card or other document on which is written
language identical to the following: "Pursuant to Section 30.06,
Penal Code (trespass by license holder with a
concealed handgun), a person licensed under Subchapter H, Chapter
411, Government Code handgun licensing law), may not
enter this property with a concealed handgun"; or
(B) a sign posted on the property that:
(i) includes the language described by
Paragraph (A) in both English and Spanish;
(ii) appears in contrasting colors with
block letters at least one inch in height; and
(iii) is displayed in a conspicuous manner
clearly visible to the public.

This is Penal Code §30.07, as amended by HB 910 [The first (A) you come across is the Paragraph (A) that is mentioned in (B)(i)] :

(3) "Written communication" means:
(A) a card or other document on which is written
language identical to the following: "Pursuant to Section 30.07,
Penal Code (trespass by license holder with an openly carried
handgun), a person licensed under Subchapter H, Chapter 411,
Government Code (handgun licensing law), may not enter this
property with a handgun that is carried openly"; or
(B) a sign posted on the property that:
(i) includes the language described by
Paragraph (A) in both English and Spanish;
(ii) appears in contrasting colors with
block letters at least one inch in height; and
(iii) is displayed in a conspicuous manner
clearly visible to the public at each entrance to the property.

And, remember, you can always skip the signs altogether and hand out cards with the statutory language on it.
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#2051126 - 11/24/15 03:10 PM Re: Hand Gun Signage MyOhMyWeComply
MyKidsMom Offline
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TEXAS
There is no particular size or other requirement on the card to hand out other than it must contain the statutory language. Is that correct?

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#2051141 - 11/24/15 03:29 PM Re: Hand Gun Signage MyOhMyWeComply
The OG Zaibatsu Offline
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Texas
Yes, but you might add some information about the bank's support of the Second Amendment and CHL. You might also give them a phone number to call if they have questions. Of course, that's totally up to you. You can also do it orally, but, in my opinion, I think that's An inferior method because it is more difficult to prove. Statement stuffers would likely suffice, but many banks don't want to do it.
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#2052541 - 12/04/15 04:43 PM Re: Hand Gun Signage MyOhMyWeComply
McGruff Offline
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Posts: 262
Texas
So, if I elect to give notice by using the card only, how do I prove that I gave notice? And how do I prove that I'm consistent about giving notice? I like the card idea better than covering up my front doors/windows with all those huge signs, but logically, it's going to cause more problems than it solves.

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#2052552 - 12/04/15 05:16 PM Re: Hand Gun Signage MyOhMyWeComply
The OG Zaibatsu Offline
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The OG Zaibatsu
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Texas
Good points. If it's a particular customer you're having issues with, you could send the statutory language to them by certified mail. You could use statement stuffers, but few banks want to do that. For a person you don't know, grab a witness, ask the person for ID, and hand them the card. It is tough to prove. If you hand them a card and they refuse to leave, you could call law enforcement.
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#2053514 - 12/10/15 03:00 PM Re: Hand Gun Signage MyOhMyWeComply
Always In Training Offline
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Where the Green Grass Grows
Thanks, Z!

We've since updated our signage. It is kind of a pain in the butt to hang giant signs that decrease the bank's visibility, but increase other's visibility to a notice they want to ignore anyway.

Talk about unintended consequences.

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#2053606 - 12/10/15 06:47 PM Re: Hand Gun Signage MyOhMyWeComply
The OG Zaibatsu Offline
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Texas
Then don't. Just hang a circle with a line through a handgun. Then you can hand cards to anyone you need to anyone who has a visible weapon or you learn is carrying a weapon. The management needs to ask itself if it truly intends to prosecute offenders. If not, then you can use the circle with the line thru the handgun. And you can still prosecute if they ignore your card or oral instructions not to carry--as long as you use the statutory language.
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#2054379 - 12/16/15 02:39 PM Re: Hand Gun Signage MyOhMyWeComply
noelekal Offline
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Joined: Aug 2013
Posts: 116
Texas
We just made a decision on this matter. Management took a look at the required signage, considered customers' possible views on the issue, pro and con, and determined to adopt a wait-and-see approach. Most folks in this region are either ambivalent about firearms or outright pro-gun. We will observe the lobby in coming weeks to determine if open carry and those who practice it will render added signage expedient. A genuine undercurrent of unease would be concerning however contrived outrage would not be accommodated.
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--George Orwell

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#2054383 - 12/16/15 02:59 PM Re: Hand Gun Signage MyOhMyWeComply
The OG Zaibatsu Offline
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Posts: 1,721
Texas
noellekal---

I would encourage you to print up cards with the 30.06 and 30.007 statutory language on them just in case you have someone coming in with an open carry handgun and you find that your customers and staff are concerned or frightened. If it is truly concealed, you wouldn't know it; however, you could get a glimpse of a gun in a purse or under a jacket or you could have someone tell you that they are carrying, If you get wind of a concealed carry and don't want them carrying in the bankk, you can hand them a card.

This gives you control without posting signs. Of course, if there is a perceived danger, you aren't going to hand out cards, you are going to call law enforcement. You could then give them a card in the presence of law enforcement.

All this to say, I wouldn't just do nothing. Even if you welcome concealed and/or handguns in your bank, you should be prepared just in case you ever have occasion when you want a CHL-holder to take their gun and go home.
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#2054398 - 12/16/15 03:36 PM Re: Hand Gun Signage MyOhMyWeComply
noelekal Offline
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Posts: 116
Texas
You make a good point -Z-. The bank is aware that many customers (and staff) are likely to be carrying concealed. The bank is fine with that, having had no problems with concealed carry in the years since 1996 when the concealed carry regulations too effect.

If a customer chooses to carry openly and behaves in a responsible and mature manner then we don't expect either staff or community to pay them any mind.

Really this is the kind of open carry that I will find vexing. http://www.forbes.com/sites/clareoconnor...en-carry-event/ Not because these two bozos look scary but rather because they look and behave like the nitwits they are. Whether they be toting rifles or handguns, these types would be shown the door and therein lies the value in your suggestion to have the cards on hand, -Z-.
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#2054477 - 12/16/15 06:29 PM Re: Hand Gun Signage MyOhMyWeComply
The OG Zaibatsu Offline
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Texas
Post a sign of a rifle/long gun (of some sort) with a red circle and a line through it. Or just deal with it on a case-by-case basis. Just go to them and tell them that you don't prohibit CHLs from carrying handguns, but that you ask that they leave their rifle in their vehicle.
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