TexasCHLforum.com

thetexan wrote:

Charles L. Cotton wrote:

PSTL*PAKR wrote:

mayor wrote:looks like an 8.5x11. I'd have told them i didn't notice something so small, apologized and left.

They gave me no warning when I went in. Cops got there beforwe I was able to order...

You have been verbally warned now, so when you enter carrying openly again, you will have committed a Class A Misdemeanor. Something tells me Luby's, the police and the DA will prosecute to the full extent of the law. You will face one year in jail, a $4,000 fine and loss of your LTC for seven years.

Chas.

Now there's an interesting thought!

You walk into a place OCing and they tell you verbally you can't wear a gun in there! Have you been 06 notified, 07 notified or both? And is it possible to be notified as to one but not the other? What would that look like?

tex

Yep; there is no specific language requirement for oral notification. If someone in apparent authority over the business tells you, "No guns are allowed here," then you have been given effective notice under both 30.06 and 30.07. IANAL, but I also believe you can be given oral notification for 30.07 without it affecting your ability to carry concealed; e.g., "You can't openly carry your gun here unless you're a law enforcement officer"; "You'll need to keep your gun concealed when in the store."

And remember:

TPC 30.07 wrote:An offense under this section is a Class C misdemeanor punishable by a fine not to exceed $200, except that the offense is a Class A misdemeanor if it is shown on the trial of the offense that, after entering the property, the license holder was personally given the notice by oral communication described by Subsection (b) and subsequently failed to depart.

I think it very likely a DA would take the stance that, if after being escorted out by LEOs and given a talking to, going back into the restaurant with an openly-displayed handgun would justify raising the offense to a Class A.