So even if it's an 'oops' and someone files a class c misdemeanor complaint against me, the fine might only be $200 but the costs of expungement might push the costs up much higher, eh?TexasRifleman wrote:And that's why the Legislature dropped the penalty to nearly nothing. It's very easy to miss a sign, have it covered up with something etc.K5GU wrote:One reason I'm curious about this is because many store entrances have signs and decals plastered all over the front doors and windows, and it can be easy to miss some of them.TexasRifleman wrote:If you are sure the customer is right, and you decide to leave, then certainly there is no offense.K5GU wrote: In this scenario the customer didn't ask me to leave, but made me aware it was prohibited.
Personally I'd check for myself though before trusting some random person. And if it was a .07 I'd probably just cover up, not leave.
The law now allows for an "oops" without serious risk.
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Return to “Improper signs and results”
- Mon Jan 04, 2016 1:29 pm
- Forum: General Texas CHL Discussion
- Topic: Improper signs and results
- Replies: 91
- Views: 13056
Re: Improper signs and results
- Mon Jan 04, 2016 12:58 pm
- Forum: General Texas CHL Discussion
- Topic: Improper signs and results
- Replies: 91
- Views: 13056
Re: Improper signs and results
One reason I'm curious about this is because many store entrances have signs and decals plastered all over the front doors and windows, and it can be easy to miss some of them.TexasRifleman wrote:If you are sure the customer is right, and you decide to leave, then certainly there is no offense.K5GU wrote: In this scenario the customer didn't ask me to leave, but made me aware it was prohibited.
Personally I'd check for myself though before trusting some random person. And if it was a .07 I'd probably just cover up, not leave.
- Mon Jan 04, 2016 12:51 pm
- Forum: General Texas CHL Discussion
- Topic: Improper signs and results
- Replies: 91
- Views: 13056
Re: Improper signs and results
In this scenario the customer didn't ask me to leave, but made me aware it was prohibited, so I left the area.TexasRifleman wrote:Customers cannot ask you to leave. If a customer asks you to leave just smile at them.K5GU wrote:Question. If I'm open carrying and I enter an area that is posted with a sign (compliant or non-compliant) that I didn't see, and a customer informs me that what I'm doing is prohibited there, I then leave immediately, have I committed an offense?
Only someone with authority, or apparent authority to speak for that business can ask you to leave. Even then if you comply there is only a possibility of a Class C and I'd expect that to be rare. Most businesses wouldn't call the police if you complied with a verbal, though anything is possible.
06 and 07:
"For purposes of this section, a person receives notice if the owner of the property or someone with apparent authority to act for the owner provides notice to the person by oral or written communication."
and
(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.
- Mon Jan 04, 2016 12:42 pm
- Forum: General Texas CHL Discussion
- Topic: Improper signs and results
- Replies: 91
- Views: 13056
Re: Improper signs and results
Question. If I'm open carrying and I enter an area that is posted with a sign (compliant or non-compliant) that I didn't see, and a customer informs me that what I'm doing is prohibited there, I then leave immediately, have I committed an offense?