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by casp625
Sun Jan 03, 2016 11:39 am
Forum: General Texas CHL Discussion
Topic: Almost went to jail!!!
Replies: 292
Views: 60915

Re: Almost went to jail!!!

tomtexan wrote:
Ruark wrote:
JALLEN wrote: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.
But if it's going to be like this, what's the point in even having 30.07? I can see a lot of business owners, afraid to approach an armed stranger, calling the cops, then the cop comes out and gives the verbal notice. If that ball keeps rolling, the police are going to start running a "verbal notice service." "Hey, I gotta nut in here with a gun, can you come out and tell him to leave?" "Uh, yes sir, take a number, please."
IF the law is not enforced on these non-compliant signs, then they can just stick up anything in the window like this one.

Image
Same sign posted in Killeen!
by casp625
Sat Jan 02, 2016 2:03 am
Forum: General Texas CHL Discussion
Topic: Almost went to jail!!!
Replies: 292
Views: 60915

Re: Almost went to jail!!!

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.
Is the law written to support that if OP does indeed open carry into the establishment, it is a now a Class A?? It would appear to me that a business would have to give verbal notice everytime before it becomes a Class A, hence the "on the trial of the offense that, after entering the property" they were given oral notice. It didn't read to me "before or after entering the property, if oral communication was ever given..." Class A would only apply on each particular and individual event, after entering the property, receiving oral communication, and failing to depart.
(d) 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.
by casp625
Fri Jan 01, 2016 9:37 pm
Forum: General Texas CHL Discussion
Topic: Almost went to jail!!!
Replies: 292
Views: 60915

Re: Almost went to jail!!!

You're begging for trouble on that one. Did they issue you any trespass warning while talking to you? It seems to me that someone must have called them if they went to you specifically and pointed out the rather small sign.

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