Search found 4 matches

by K5GU
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

TexasRifleman wrote:
K5GU wrote:
TexasRifleman wrote:
K5GU wrote: In this scenario the customer didn't ask me to leave, but made me aware it was prohibited.
If you are sure the customer is right, and you decide to leave, then certainly there is no offense.

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.
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.
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.

The law now allows for an "oops" without serious risk.
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?
by K5GU
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

TexasRifleman wrote:
K5GU wrote: In this scenario the customer didn't ask me to leave, but made me aware it was prohibited.
If you are sure the customer is right, and you decide to leave, then certainly there is no offense.

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.
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.
by K5GU
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

TexasRifleman wrote:
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?
Customers cannot ask you to leave. If a customer asks you to leave just smile at them.

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.
In this scenario the customer didn't ask me to leave, but made me aware it was prohibited, so I left the area.
by K5GU
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?

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