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by JALLEN
Thu Jan 14, 2016 12:07 pm
Forum: General Texas CHL Discussion
Topic: Almost went to jail!!!
Replies: 292
Views: 59995

Re: Almost went to jail!!!

Having a sign is not a requirement for effective notice.

As has been explained a number of times, effective notice can be given 3 ways. A valid sign, a card handed to the gun carrier with the proper wording, or verbal notice.

If you receive effective notice while carrying, you must leave or be in violation.

If you see an invalid sign and enter, and thereafter receive effective notice some other way, you must leave. If you receive effective notice, don't leave forthwith and the cops are called, you have violated the law, no matter what the sign says or doesn't.

Don't fixate on the sign. If "concealed is concealed," and no one knows, fine and good, but that's the chance you take.
by JALLEN
Wed Jan 06, 2016 9:27 am
Forum: General Texas CHL Discussion
Topic: Almost went to jail!!!
Replies: 292
Views: 59995

Re: Almost went to jail!!!

thetexan wrote:

Absolutely! For businesses anyway. For private non business property I can see a universal right to ask someone to leave your property but a business that is open to the public and must provide public accommodation is another matter.

tex
Public accommodation is not required to be provided. It may not be denied on the basis of the forbidden criteria, race, sex, religion, etc. You can deny service to a Chinese lesbian Buddhist who open carries.
by JALLEN
Sun Jan 03, 2016 5:06 pm
Forum: General Texas CHL Discussion
Topic: Almost went to jail!!!
Replies: 292
Views: 59995

Re: Almost went to jail!!!

This afternoon, I had to run into town, and while doing so stopped by the HEB based center at Hwy 46 and 337.

HEB has a 30.07 sign. The Reel, seafood restaurant, has a sign printed, not compliant, that says under 30.06 and/or 30.07, guns are not permitted in the restaurant. No other businesses had any sign other than the blue unlicensed possession signs. Chic-fil-A, Whataburger, Chase Bank, B of A, McDonalds, Longhorn Cafe and various locals.

I suppose The Reel will ask you to leave if they detect you are carrying, and go from there.
by JALLEN
Sun Jan 03, 2016 12:05 pm
Forum: General Texas CHL Discussion
Topic: Almost went to jail!!!
Replies: 292
Views: 59995

Re: Almost went to jail!!!

RedOdonnell wrote:
IF the law is not enforced on these non-compliant signs, then they can just stick up anything in the window like this one.
Out of curiosity, exactly which laws need enforcing here?

There are almost 1.8 million small businesses alone here in the State of Texas. When you stop and consider there has been virtually no direction from the legislature or DPS on how to properly handle OC, the overwhelming majority of these businesses have no clue what to due or where to get the proper signs.
I don't think it is generally considered to be the Lege's responsibility to provide direction on how to comply with the law, and I doubt it has been tasked to DPS. The Lege's hands are full just dreaming up this stuff, arguing about it, going to parties and receptions, arranging honorariums for each other, and getting re-elected.
by JALLEN
Sun Jan 03, 2016 9:19 am
Forum: General Texas CHL Discussion
Topic: Almost went to jail!!!
Replies: 292
Views: 59995

Re: Almost went to jail!!!

Isn't this fixation on signs a bit misplaced?

In the case of 30.06, it makes some sense, as the business owner ordinarily would not know you had your weapon.

With open carry, the business owner/manager/security/whoever in apparent authority can hand you a card with the notice, or verbally advise you to the same effect, and you have effective notice. No sign required. You leave or face consequences.
by JALLEN
Sat Jan 02, 2016 5:04 pm
Forum: General Texas CHL Discussion
Topic: Almost went to jail!!!
Replies: 292
Views: 59995

Re: Almost went to jail!!!

Your "right" is limited by the "right" of a property owner, or someone in rightful possession, to forbid it on his/her/its property. The property owner exercises that "right" in a variety of ways, signs, cards, verbal notice, for whatever reason he/she/it choses.

Walking down the street, on public property, you have a right. As soon as you enter private property, you are subject to that owner's rights. You may chose to allow it on your property, Joe next door may not, and so forth.

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