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by oljames3
Wed Jan 06, 2016 7:38 pm
Forum: General Texas CHL Discussion
Topic: Someone placing 30.07 signs in front of businesses...
Replies: 85
Views: 19541

Re: Someone placing 30.07 signs in front of businesses...

Javier730 wrote:
Charles L. Cotton wrote:
Unocat wrote:
Charles L. Cotton wrote:
Unocat wrote:
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.
Sorry, but you are wrong. Verbal notice not to enter the property with a gun, or with an open-carried gun, is not "for a particular point in time." There's no statutory or case law basis for your position.

If the defendant admits he was told no to enter with a gun (or an openly carried gun) then his conviction is assured. If he claims he was never given oral notice, or that the oral notice specifically gave a limited duration, then it would be for the jury to decide if they believe the defendant or the property owner.

Chas.
Wasn't that exactly my point? - that a verbal notice is only as good as the recollections of those that were involved, save any recorded media. Even in the example you describe a person admitting they were given notice. Maybe that person doesn't remember, maybe the accused just doesn't take the stand and has his lawyer say it never happened... maybe, maybe, maybe. The point I was trying to make is that a compliant sign goes a long way toward a positive notification and leave little room for argument.
No, that was not your point. Here is what you stated:
Unocat wrote: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.
Unocat wrote:I do love how people are so adamant about calling each other wrong instead of reading, understanding, and discussing? Anyway this is a forum and no one is going to be able to interpret law save a court.
I've been an attorney for almost 30 years and I was a police officer for 10 years. Are you an attorney for a peace officer? Attorneys interpret statutory and case law all the time; that's how we advise clients, settle cases and try cases. I don't claim expertise on issues and topics beyond my experience and knowledge. Perhaps you should adopt that personal policy.

Take your insults back to OCT or you won't be here long.
Chas.
:thumbs2:
:thumbs2: :thumbs2:

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