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by A-R
Mon Nov 16, 2009 9:18 am
Forum: Off-Topic
Topic: Are there any legal postings to stop solicitors at your home
Replies: 44
Views: 20271

Re: Are there any legal postings to stop solicitors at your home

Purplehood wrote:
austinrealtor wrote:
dicion wrote:Maybe a "No Soliciting, unless you're under the age of 16" sign :)
Yeah, cause that will only get you in trouble if you're a Catholic Priest or live in a "compound" with multiple underage wives "rlol"

(please note: no offense to Catholics intended at all in above joking reference; just a "fair comment" based on well-reported news stories ... like a bad Jay Leno monologue joke)
What about offending all the good-natured Polygamists?
went ahead and made that apology directly on UtahCHLforum.com :biggrinjester:
by A-R
Sat Nov 14, 2009 11:03 pm
Forum: Off-Topic
Topic: Are there any legal postings to stop solicitors at your home
Replies: 44
Views: 20271

Re: Are there any legal postings to stop solicitors at your home

dicion wrote:Maybe a "No Soliciting, unless you're under the age of 16" sign :)
Yeah, cause that will only get you in trouble if you're a Catholic Priest or live in a "compound" with multiple underage wives "rlol"

(please note: no offense to Catholics intended at all in above joking reference; just a "fair comment" based on well-reported news stories ... like a bad Jay Leno monologue joke)
by A-R
Fri Nov 13, 2009 10:29 am
Forum: Off-Topic
Topic: Are there any legal postings to stop solicitors at your home
Replies: 44
Views: 20271

Re: Are there any legal postings to stop solicitors at your home

Purplehood wrote:Have a switch inside your front doorway to turn-on your automatic sprinkler-system? :anamatedbanana
That's a great idea! :smilelol5:
by A-R
Thu Nov 12, 2009 1:52 pm
Forum: Off-Topic
Topic: Are there any legal postings to stop solicitors at your home
Replies: 44
Views: 20271

Re: Are there any legal postings to stop solicitors at your home

kirock7 wrote:
Purplehood wrote:
That is where I open the door with my pistol in its holster, look at the interloper, look at the sign, and carefully shut the door without a word.
Purplehood, I hear ya... I wonder though... could that solicitor call the cops on you for displaying/flashing your firearm? Even if you are wearing your holster in your house, with the door open isn't your weapon in plain view and unconcealed? I wonder about that sometimes when I'm practicing my draw if I'm in front of an open window or door... could someone walking by see me and call the cops? :headscratch
IANAL, but I think the law says you can carry anywhere on YOUR PROPERTY. It's a bit confusing, but hear me out. Statute 46.02 cited below, section (a) (1) makes carrying on your premises or premises under your control an exception to "unlawful carry". Since we generally know "premises" to mean "building" and not "parking lot" etc., seems your interpretation is correct, i.e. outside your house is a no-no. BUT ... further down under section (a-2) [numbering system in these statutes confuses the heck out of me sometimes] "premises" in this section is clearly defined as "real property". "Real property" means EVERYTHING within your property boundaries - the land, the house, the minerals under the land, and the airspace above the land - at least this is the general definition used in real estate jargon. Found an actual definition in state statutes in "Property Tax Code" sec 1.04 (cited below). The caveat being that if you live in an apartment or condo type situation, your "property" does end at your door step. Because while you own (or rent) an "interest" in the surrounding property, it is a "community interest" and you do not "control it" completely, like you do the premesis inside your door.

IANAL - no idea if my interpretation is 100% correct.
Sec. 46.02. UNLAWFUL CARRYING WEAPONS. (a) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun, illegal knife, or club if the person is not:

(1) on the person's own premises or premises under the person's control; or

(2) inside of or directly en route to a motor vehicle that is owned by the person or under the person's control.

(a-1) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun in a motor vehicle that is owned by the person or under the person's control at any time in which:

(1) the handgun is in plain view; or

(2) the person is:

(A) engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic;

(B) prohibited by law from possessing a firearm; or

(C) a member of a criminal street gang, as defined by Section 71.01.

(a-2) For purposes of this section, "premises" includes real property and a recreational vehicle that is being used as living quarters, regardless of whether that use is temporary or permanent. In this subsection, "recreational vehicle" means a motor vehicle primarily designed as temporary living quarters or a vehicle that contains temporary living quarters and is designed to be towed by a motor vehicle. The term includes a travel trailer, camping trailer, truck camper, motor home, and horse trailer with living quarters.

(b) Except as provided by Subsection (c), an offense under this section is a Class A misdemeanor.

(c) An offense under this section is a felony of the third degree if the offense is committed on any premises licensed or issued a permit by this state for the sale of alcoholic beverages.
PROPERTY TAX CODE
Sec. 1.04. DEFINITIONS. In this title:

(1) "Property" means any matter or thing capable of private ownership.

(2) "Real property" means:

(A) land;

(B) an improvement;

(C) a mine or quarry;

(D) a mineral in place;

(E) standing timber; or

(F) an estate or interest, other than a mortgage or deed of trust creating a lien on property or an interest securing payment or performance of an obligation, in a property enumerated in Paragraphs (A) through (E) of this subdivision.
by A-R
Thu Nov 12, 2009 1:29 pm
Forum: Off-Topic
Topic: Are there any legal postings to stop solicitors at your home
Replies: 44
Views: 20271

Re: Are there any legal postings to stop solicitors at your home

Try some follow up to the solicitors' superiors.

I had a huge problem with this recently after major hail storm tore up all the roofs in my neighborhood. Roof company vultures were out in force for a month. I got fed up and placed a big sign on my door. Worked for most, but not all solicitors. Here's what I did with the ones who obviously can't read/comprehend.

I had some idiot leave a flyer on my door despite the huge sign saying "No soliciting No trespassing and YES this means no placing flyers and other nonsense on my door" I found out the name of the company - from the flyer, obviously - called them and they said they contract out their door-to-door pestering to a company that specializes in such. Called that company, no answer. Google search found an email address. Emailed with my complaint, digital photo of the flyer and my sign, and instructions that if I was not contacted within 48 hours with an appropriately apologetic response I would forward my complaint to my local police department. Lady emailed me back within 8 hours, apologized profusely, said the person who worked my neighborhood that day would be reprimanded. Haven't had a flyer on my door since (even took down the sign).

Previous to that, I witnessed an idiot put flyer on my door (same sign was up); I was across the street. I told him very bluntly to get off my property and take his damn flyer with him. He came back 10 minutes later with two other guys in a pickup truck; one guy, acting like a supervisor, asked what the problem was. I explained the situation. He told me I didn't have to "be so rude about it" and that they weren't breaking any laws and had a right to put up flyers on people's doors :mad5 . I told him he was dead wrong and demanded he get off my property. He said "what, you wanna go? why don't you step out onto the street, punk". I told him he was trespassing, in clear violation of a posted sign, and had mere seconds to get off my property before I called the cops. We stared each other down, him on the street next to his truck, me on my driveway. He finally figured out I was serious and they left (I had my hand in my front pocket firmly gripped on my S&W 638 J-frame). Went inside, called the number on the flyer, spoke to the owner, explained the situation, and told him if I ever saw either of these gentlemen in my neighborhood again, I would immediately call the police. He apologized profusely, told me he would personally handle it. Never saw them again.

Some people just don't get it until you show them you're serious.

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