Open carry signage question
Moderators: carlson1, Charles L. Cotton
Open carry signage question
I have been trying to find this information and have came up short.
I, know that if business posts a 30.07 sign, but not a 30.06 sign they are only banning open carry. What about vise versa? If a business has a 30.06 sign, but no 30.07 sign can you still open carry there?
I, know that if business posts a 30.07 sign, but not a 30.06 sign they are only banning open carry. What about vise versa? If a business has a 30.06 sign, but no 30.07 sign can you still open carry there?
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Re: Open carry signage question
Yes, you can open carry if only 30.06 is posted. However, recognize that if you open carry, then they may inform you orally that you cannot carry. If this happens, then you have received effective notification under 30.07, and then you'll still have to leave.
It's easier if only 30.07 is posted and then you concealed carry...likely nobody will know that you're doing so, so you won't receive oral notification.
It's easier if only 30.07 is posted and then you concealed carry...likely nobody will know that you're doing so, so you won't receive oral notification.
Your best option for personal security is a lifelong commitment to avoidance, deterrence, and de-escalation.
When those fail, aim for center mass.
www.HoustonLTC.com Texas LTC Instructor | www.Texas3006.com Moderator | Tennessee Squire | Armored Cavalry
When those fail, aim for center mass.
www.HoustonLTC.com Texas LTC Instructor | www.Texas3006.com Moderator | Tennessee Squire | Armored Cavalry
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Re: Open carry signage question
short answer, YES, you can carry, as they have not given you the proper notification.Shu wrote:If a business has a 30.06 sign, but no 30.07 sign can you still open carry there?
The likely result however, if they have posted a valid (or even in their view valid) 30.06 sign, they will then give you verbal notice that you cannot carry there.
Remember that verbal can be simply "you cannot carry a gun here" or something to that, doesn't have to be verbatim to the 30.06 or 30.07 signage.
before I get chastised about my comment about "even in their view valid", what I mean, is they may have posted a sign, which they feel is valid, so they may be trying to keep out guns, period.
However, as we all know, if we are concealed carrying, and seen an invalid sign, we can walk on by.
League City, TX
Yankee born, but got to Texas as fast as I could! NRA / PSC / IANAL
Yankee born, but got to Texas as fast as I could! NRA / PSC / IANAL
Re: Open carry signage question
Proper use of the term "oral" versus "verbal." Makes me wannaVol Texan wrote:Yes, you can open carry if only 30.06 is posted. However, recognize that if you open carry, then they may inform you orally that you cannot carry. If this happens, then you have received effective notification under 30.07, and then you'll still have to leave.
It's easier if only 30.07 is posted and then you concealed carry...likely nobody will know that you're doing so, so you won't receive oral notification.
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Re: Open carry signage question
So in regards to a verbal notification. Who does it have to be? Could it be any employee? Or does it have to be someone with authority?
Re: Open carry signage question
The reason I ask is I don't want some 16 year old kid saying you can't have that in here or you need to leave, but it's his summer job.
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Re: Open carry signage question
It has to be someone in charge. It could be the manager, owner, etc. To address your specific question, if some 16-year old kid said that to me, I'd likely (in a friendly, non-confrontational sort of way) say, "Sure, let's ask the manager, and if he/she wants me to leave, I'll be happy to do so."Shu wrote:The reason I ask is I don't want some 16 year old kid saying you can't have that in here or you need to leave, but it's his summer job.
Your best option for personal security is a lifelong commitment to avoidance, deterrence, and de-escalation.
When those fail, aim for center mass.
www.HoustonLTC.com Texas LTC Instructor | www.Texas3006.com Moderator | Tennessee Squire | Armored Cavalry
When those fail, aim for center mass.
www.HoustonLTC.com Texas LTC Instructor | www.Texas3006.com Moderator | Tennessee Squire | Armored Cavalry
Re: Open carry signage question
SHU,
Sounds like you really want to push OC where guns are OBVIOUSLY not wanted.
Plus, you want to argue with an employee you deem unworthy of telling you OC is not welcome and you have to leave.
Are you a member of OCT?
Isn't a 30.06 sign enough notice guns aren't wanted in that hypothetical establishment?
If the 16 year old you use a model for someone you argue with and refuse to leave with his say so, he may be the son of the owner.
Now, what if the 16 reports to Dad the OCing customer refuses to leave.
Dad, says O.K. and calls the police.
Now, what are gonna do?
You're going to take the ride and NOT beat the rap either.
Sounds like you really want to push OC where guns are OBVIOUSLY not wanted.
Plus, you want to argue with an employee you deem unworthy of telling you OC is not welcome and you have to leave.
Are you a member of OCT?
Isn't a 30.06 sign enough notice guns aren't wanted in that hypothetical establishment?
If the 16 year old you use a model for someone you argue with and refuse to leave with his say so, he may be the son of the owner.
Now, what if the 16 reports to Dad the OCing customer refuses to leave.
Dad, says O.K. and calls the police.
Now, what are gonna do?
You're going to take the ride and NOT beat the rap either.
Re: Open carry signage question
@abraham
I am no way trying to push anything and kinda of took offense for you even suggesting. I was asking a simple question regarding the legality of such and what constitutes verbal notice.
You also don't know what the business intentions are. What if the business really wants the guns visible and not concealed. In your hypothetical of dad/owner, the son is not in authority to give verbal notice by just being the owners son so I think that was not a valid analogy. If the owner son was some manager I can see what you mean. My view is someone comes to me and advises that the guns are not welcome here I would take it on a case by case basis depending on the asking party and the situation. I also would review the stores policies after the fact and probably not shop there.
I am in no way to trying to beat the system just to cause a ruckus. I like to be educated and responsible when it comes to carrying so I am just trying to brush up on the new laws.
I am no way trying to push anything and kinda of took offense for you even suggesting. I was asking a simple question regarding the legality of such and what constitutes verbal notice.
You also don't know what the business intentions are. What if the business really wants the guns visible and not concealed. In your hypothetical of dad/owner, the son is not in authority to give verbal notice by just being the owners son so I think that was not a valid analogy. If the owner son was some manager I can see what you mean. My view is someone comes to me and advises that the guns are not welcome here I would take it on a case by case basis depending on the asking party and the situation. I also would review the stores policies after the fact and probably not shop there.
I am in no way to trying to beat the system just to cause a ruckus. I like to be educated and responsible when it comes to carrying so I am just trying to brush up on the new laws.
Re: Open carry signage question
It doesn't have to be a manager or owner that tells you that guns are not welcome. I believe that it is anyone who has been given the authority to do so that can, which could include the 16 year old clerk restocking the shelves. That doesn't mean that you can't ask to talk to the manager/owner.Shu wrote:@abraham
I am no way trying to push anything and kinda of took offense for you even suggesting. I was asking a simple question regarding the legality of such and what constitutes verbal notice.
You also don't know what the business intentions are. What if the business really wants the guns visible and not concealed. In your hypothetical of dad/owner, the son is not in authority to give verbal notice by just being the owners son so I think that was not a valid analogy. If the owner son was some manager I can see what you mean. My view is someone comes to me and advises that the guns are not welcome here I would take it on a case by case basis depending on the asking party and the situation. I also would review the stores policies after the fact and probably not shop there.
I am in no way to trying to beat the system just to cause a ruckus. I like to be educated and responsible when it comes to carrying so I am just trying to brush up on the new laws.
Re: Open carry signage question
SHU,
You posted: If a business has a 30.06 sign, but no 30.07 sign can you still open carry there?
This statement defies logic, unless you're totally uninformed regarding 30.06 signage.
Would that be the case?
You posted: My view is someone comes to me and advises that guns are not welcome here I would take it on a case by case basis depending on the asking party and the situation.
Outstanding presumption, not to mention chutzpah!
Do you really assume the notifying person will negotiate your stance on OCing? Nope. When you refuse to leave they'll be phoning the police while you argue your points about how the employee can't tell you what to do, blah, blah, blah. Please, hang around until the cops show up and then please attempt to argue your point to them...You'll hear: Bookem Dano! And away you'll go...
I really hope your perspective changes about this or you're destined for jail.
You don't get to decide if the person representing the business is qualified to inform you OC is not welcome, but you will take it on a case by case basis? What incredible naivety or perhaps, arrogance.
Please, by all means, perform your act of civil disobedience.
OC wherever you decide you want to, irrespective of notification and let us know how that works out for you. Please do it at a 30.06 location and then when you decide you're not satisfied with the qualifications of the notifying person, argue your point. Then after being arrested, cuffed and stuffed, don't waste your one call from jail to let us know. Wait till you can access the internet.
You posted: I am in no way to trying to beat the system just to cause a ruckus.
Uh-huh...
I ask again, are you a member of OCT?
You posted: If a business has a 30.06 sign, but no 30.07 sign can you still open carry there?
This statement defies logic, unless you're totally uninformed regarding 30.06 signage.
Would that be the case?
You posted: My view is someone comes to me and advises that guns are not welcome here I would take it on a case by case basis depending on the asking party and the situation.
Outstanding presumption, not to mention chutzpah!
Do you really assume the notifying person will negotiate your stance on OCing? Nope. When you refuse to leave they'll be phoning the police while you argue your points about how the employee can't tell you what to do, blah, blah, blah. Please, hang around until the cops show up and then please attempt to argue your point to them...You'll hear: Bookem Dano! And away you'll go...
I really hope your perspective changes about this or you're destined for jail.
You don't get to decide if the person representing the business is qualified to inform you OC is not welcome, but you will take it on a case by case basis? What incredible naivety or perhaps, arrogance.
Please, by all means, perform your act of civil disobedience.
OC wherever you decide you want to, irrespective of notification and let us know how that works out for you. Please do it at a 30.06 location and then when you decide you're not satisfied with the qualifications of the notifying person, argue your point. Then after being arrested, cuffed and stuffed, don't waste your one call from jail to let us know. Wait till you can access the internet.
You posted: I am in no way to trying to beat the system just to cause a ruckus.
Uh-huh...
I ask again, are you a member of OCT?