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by brainman
Mon Nov 12, 2012 9:05 pm
Forum: General Texas CHL Discussion
Topic: Bad Experience
Replies: 121
Views: 19715

Re: Bad Experience

smoothoperator wrote:
harrycallahan wrote:I understand what you're saying and I know what 30.05 and 30.06 say. I also know that NO ONE, police that is, will arrest on either pc 30.05 or 30.06 in this situation unless effect notice and thereby refusal to leave was/is giving in the presence of the police officer. If what you're saying would actually be true, he, the manager, could conceivably call the police and have any CCW patron arrested by simply lying to the officer.
What if he tells the truth? The manager calls 911 and says there's a guy with a gun who refuses to leave.
If you'll re-read my post, Harry, you'll note that I did not discuss whether one would get arrested. You've used the words "if what you're saying would actually be true." Sorry, but what I said is quite objectively true and really isn't debatable. If the manager tells you guns aren't allowed and you stay, then you ARE committing a crime. Whether you'll be arrested or convicted is a separate issue that I haven't yet brought up.

Having said that, I think SmoothOperator has it right. When the manager tells you you're not allowed to carry and you tell him its none of his business or that you're not carrying (or whatever you plan to say), he will likely then call the police. When they show up, he'll tell them that he told you to leave and that you wouldn't. What's your plan at this point? You've already committed one crime. Do you plan on lying to the police as well? I don't think that one is going to go as smooth as you think it will. Plus, even if you aren't caught or arrested, you've still trespassed. Personally, I try not to commit crimes, whether I'm going to get caught or not.
by brainman
Mon Nov 12, 2012 2:47 pm
Forum: General Texas CHL Discussion
Topic: Bad Experience
Replies: 121
Views: 19715

Re: Bad Experience

Harry,

You're right that he has no authority to compel you to answer questions regarding whether you are carrying. However, the manager doesn't have to know whether or not you are carrying. Whether you refuse to answer his question or not, once he tells you that concealed handguns are not allowed, you have been given notice and you're committing an offense by staying.

PC §30.06. TRESPASS BY HOLDER OF LICENSE TO CARRY
CONCEALED HANDGUN. (a) A license holder commits an offense if the
license holder:
(1) carries a handgun under the authority of Subchapter H, Chapter
411, Government Code, on property of another without effective consent;
and
(2) received notice that:
(A) entry on the property by a license holder with a concealed
handgun was forbidden; or
(B) remaining on the property with a concealed handgun was
forbidden and failed to depart.

(b) 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.

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