Let's play a little game.Unocat wrote:In regard to the permanency of a verbal instruction, it would really depend on the exact wording of the notification. Things change all the time and it is therefor that compliance by the business to the code is important.
Example - I am sorry sir you can't carry your gun in here, please remove it and come back to us another time. - this is verbal notice for a particular point in time and without a permenant compliant sign, one could return just as other will inadvertently tread on this store's premise.
Example 2 - sir, we don't allow open carry here. I am asking you to leave and not return with a openly carried pistol without talking to the management first - the case holds more weight as a semi-permanent, with condition notice.
Example 3 - excuse me, this store forbids the open carry of handguns pursuant to Texas code 30.07. I would like to also inform you that you are on camera and their is audio of my notice to you - this is not only sufficient, but their is evidence of a notice and I would not want to have that reviewed by a police office and then show up in court should I returned with open carry.
In effect, verbal notice is only as good as the recollection of those that, gave, received or overheard a verbal notice. Without corroborating evidence it isn't much and will be up to LE and maybe later a judge/jury to decide... A la the crap we see on judge Judy.
This is why it is important for business to post properly compliant signage. We should never be jerks about it, leave when told, and not press an owner into calling the cops, but verbal notice is not going to help anyone.
I tell you to get off my property or I will press trespass charges against you. You leave and come back 10 minutes later. Does the warning you received 10 minutes ago still apply? What if you come back 20 minutes later? How about an hour later? 5 hours? 24 hours? 2 days later? At what point are you willing to draw the line legally? Sort of like determining when life begins. Somewhere between conception and birth. Since there is no case law that I can find (which is odd since there is lots of trespassing case law) you would have to choose between one of two possibilities...one...that one notified it is permanent unless revoked in the future...or two...that there is a timed out limit to the warning. Since you can't prove #two you must assume #one.
That's why most people want to avoid being verbally told. If I were told I would later try to mitigate that with them by clarifying if they meant for just a short time or what...only to save me from a permanent ban. It probably wouldn't work but I might try.