For argument sake...let's suppose for a minute that the AD did have a valid sign i.e. correct language, size and etc. but still has in posted in the booth. As a customer meeting someone there who already bought the tickets and never going to the booth. Is it effective notice? The mall situation, it meets all of the requirements...to include being posted in a “conspicuous manner�…I happen to enter the building from a door that the sign is not visible…have I received effective notice?Kalrog wrote:pt145ss wrote:Above txinvestigator says seeing the sign is irrelevent but below is a post from another thread with a similar question. Here it is said that it is only effective if you see it. The scenario in this thread is that the 30.06 is not posted on the entrance but is posted in the booth for which one does not necessarily have to go to to gain entry into the building, have you recieved effective notice? The situation in the thread below is a mall with multiple entrances of which not all are posted. If one uses an entrance that is not posted have you received effective notice?
I agree that no matter where it is, once I see it, I have received notice. I would also have to agree that if I enter a building that is posted on the door (for example) and I had gone through that door, then it is reasonable to believe that I should have seen it and therefore had effective notice.
Real world example. The institution I bank at has a valid 30.06 (at least they did until they moved buildings…I do not know if the new building is posted). The lobby has two entrances. When entering from one side of the lobby, one does not see the 30.06 sign on the wall as a structural column obstructs the view. If one enters the lobby from the other side, the 30.06 is clearly visible. I will say that the first few times that i was in the lobby, I did not know the sign was there…those first few times in the lobby, was it effective notice? I agree that as soon as I saw it, then I had effective notice (needless to say I stopped going to that branch). A bit of a side note, one of the other branches is posted in the vestibule but the lettering is way too small.
Another situation. I went to a restaurant last week. I checked the door when I went in and there was no signs period. We sat down ate and then left. On my way out, posted on the wall next to the door was one of those “unlicensed possession� signs. I was glad that it was not a 30.06 sign but had it been one, I would not have seen it until I left. Had it been a valid 30.06 (considering it was posted in a conspicuous manner…although one would not see it until leaving)….would it have been effective notice?