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by KBCraig
Wed Sep 06, 2006 2:51 am
Forum: General Texas CHL Discussion
Topic: What is the point of CHL?
Replies: 39
Views: 6321

Charles L. Cotton wrote:
propellerhead wrote: The way I read it is if you are told you cannot be there with a gun and you don't leave, you can get fired and arrested for tresspassing.
Correct, verbal notice under §30.06 doesn't require any specific language.

Chas.
But for practical application, any trespassing charge requires one of two things: acknowledgement by the alleged trespasser that notice was received, or the property owner/manager giving verbal notice in the presence of a LEO, followed by refusal to leave.

In the first instance: "Remain silent". You may have heard that term. It's not dishonest to refuse to answer when the answer could incriminate you. Don't lie; remain silent if a LEO asks if you've been verbally told that you can't carry a firearm there.

In the second instance: leave. If the property owner/manager starts telling you that you can't be there, then tell him (and any attending LEOs) that you respect private property rights, and don't want to stay where you're not wanted. Ask the LEO if you can leave. (The answer will be yes; otherwise, it's not trespass.)

Kevin

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