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by rotor
Mon Jun 27, 2016 10:53 am
Forum: General Texas CHL Discussion
Topic: Why does verbal warning trump compliant signage?
Replies: 68
Views: 15110

Re: Why does verbal warning trump compliant signage?

Soccerdad1995 wrote:I may want to have the absolute right as a property owner to say what can and cannot happen on my property. But unfortunately, that is far from reality. The reality is that we all have rights. And that includes people you have invited to visit your property. You do not surrender your fundamental rights and freedoms just because you want to buy something in a store, and I think that is a good thing.

We need to balance the rights of property owners to control what happens on their property against the rights of any visitors who might come onto that property. Personally, I think that giving property owners the right to ask anyone they choose to leave is a good balance. If I am bothering you or other people, and you own the property, then by all means tell me to leave. If I refuse, then have me arrested. This gives you as the property owner all the rights that you could reasonably want or expect. If you don't want any visitors, fine. Post a sign making that wish clear. If you only want specific people to visit, then give them explicit permission to ignore your "no trespassing" sign. But if you want to put out a general invitation for the public at large to visit your store, then you need to respect the rights of those people. You're not the only one who matters.

Allowing property owners to use the arrest power of the state in denying a fundamental right to those who were invited onto their property is going too far, IMHO. And that is exactly what the current law allows.
I guess I am playing devil's advocate here as I wish that a business open to the public could not post 30.06 or 30.07. On the other hand I own property that is posted properly with no trespassing signs and if you do trespass I have the right to tell you to leave and if you don't leave I have the right to call law enforcement to have them make you leave or arrest you. I believe we recently had a gunbuster (no weapons) sign argument and the carry of rifles past that sign as being a trespass violation.
by rotor
Mon Jun 27, 2016 9:44 am
Forum: General Texas CHL Discussion
Topic: Why does verbal warning trump compliant signage?
Replies: 68
Views: 15110

Re: Why does verbal warning trump compliant signage?

ScottDLS wrote:
rotor wrote:Don't you want the legal right to tell anyone to "get off my property"?
I want the legal right to tell an off duty cop to get off my property for carrying, but I don't have it. I also want the right to tell my employees to take their guns in cars off my property (parking lot), but I don't have either. :biggrinjester:
I am not as legally gifted as you are but don't you have the legal right to tell a trespasser to get off your property? Even a off duty LEO not on official business that enters my ranch is trespassing and can be asked to get off my property. It is not the carry issue as much as it is the trespass issue.
by rotor
Mon Jun 27, 2016 8:48 am
Forum: General Texas CHL Discussion
Topic: Why does verbal warning trump compliant signage?
Replies: 68
Views: 15110

Re: Why does verbal warning trump compliant signage?

Don't you want the legal right to tell anyone to "get off my property"?

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