Search found 3 matches

by steveincowtown
Tue Jan 28, 2014 4:52 pm
Forum: General Texas CHL Discussion
Topic: Poll, PC 30.06 in "Private Businesses"
Replies: 105
Views: 15936

Re: Poll, PC 30.06 in "Private Businesses"

JP171 wrote: Like I said before LEO's don't consider your telling a person to leave to be legal notice, they have to do it. The Sign makes all of that moot by the virtue of a printed sign

Not sure that is accurate.
Sec. 30.05. CRIMINAL TRESPASS. (a) A person commits an offense if the person enters or remains on or in property of another, including residential land, agricultural land, a recreational vehicle park, a building, or an aircraft or other vehicle, without effective consent and the person:

(1) had notice that the entry was forbidden; or

(2) received notice to depart but failed to do so.

(b) For purposes of this section:

(1) "Entry" means the intrusion of the entire body.

(2) "Notice" means:

(A) oral or written communication by the owner or someone with apparent authority to act for the owner;

As I said previously I don't have any issue with the fact that property owners should have the right to ASK people to leave. I just don't think the state should provide signs which preempt this to a criminal level.
by steveincowtown
Mon Jan 27, 2014 3:12 pm
Forum: General Texas CHL Discussion
Topic: Poll, PC 30.06 in "Private Businesses"
Replies: 105
Views: 15936

Re: Poll, PC 30.06 in "Private Businesses"

jnichols2 wrote:
steveincowtown wrote:#1> Private property rights are not absolute. In both our home and our business we must maintain certain standards that we as the public have decided are needed.

#2> I think a private property owner should be able to ASK anyone, at anytime, to leave their property for any reason.


#3> I don't think that it should be an offense to just enter any ones business, doing anything, without first being asked to leave. In other words, why do we have a sign that criminalizes trespass by a CHL with no other notice than just that sign? Think about how ridiculous it would seem if we attached the same standards to any other activity?

"Is this 911"

"Yes, it is."


" I need to report a gentleman who walked right passed by no shirt, no shoes sign."

"We are on our way."
I'm a "property rights" kind of guy.

If I start a business, on the property I own, I HAVE NOT given up the right to TELL anyone to leave my property.

I didn't communicate my point very well. As a private property owner I think you should be able to tell anyone, at anytime, for any reason, to leave your property.


I think if you see something (heck, even suspect something) for any reason that you don't like, you should be able to tell a person to leave and they should do so immediately. I just don't think there should be a sign for it.
by steveincowtown
Mon Jan 27, 2014 9:21 am
Forum: General Texas CHL Discussion
Topic: Poll, PC 30.06 in "Private Businesses"
Replies: 105
Views: 15936

Re: Poll, PC 30.06 in "Private Businesses"

#1> Private property rights are not absolute. In both our home and our business we must maintain certain standards that we as the public have decided are needed.

#2> I think a private property owner should be able to ASK anyone, at anytime, to leave their property for any reason.


#3> I don't think that it should be an offense to just enter any ones business, doing anything, without first being asked to leave. In other words, why do we have a sign that criminalizes trespass by a CHL with no other notice than just that sign? Think about how ridiculous it would seem if we attached the same standards to any other activity?

"Is this 911"

"Yes, it is."


" I need to report a gentleman who walked right passed by no shirt, no shoes sign."

"We are on our way."

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