What does "effective consent" mean in the trespassing laws?
If access is controlled and the person controlling access to a property (ticket taker, security guard, courtesy officer, Wal-Mart greeter, bouncer, butler, etc.) knowingly allows you in, do you have effective consent?
What if they also know you have a handgun and still they allow you in, do you have effective consent for 30.06?
Effective Consent
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aardwolf
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Effective Consent
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TDDude
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Re: Effective Consent
If a person of "authority" gives permission/access, then the wearer is OK.
If it's 30.06 posted, then I would say one would need it in writing.
I'm not a lawyer but my Ex-wife married one.
If it's 30.06 posted, then I would say one would need it in writing.
I'm not a lawyer but my Ex-wife married one.
Ray F.
Luke 22:35-38 "Gear up boys, I gotta go and it's gonna get rough." JC
-- Darrell Royal, former UT football coach - "If worms carried pistols, birds wouldn't eat 'em."
Luke 22:35-38 "Gear up boys, I gotta go and it's gonna get rough." JC
-- Darrell Royal, former UT football coach - "If worms carried pistols, birds wouldn't eat 'em."
Re: Effective Consent
TDDude wrote:I'm not a lawyer but my Ex-wife married one.
Ouch!
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U.S. Constitution (c) 1791 ALL RIGHTS RESERVED
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"I think we have more machinery of government than is necessary, too many parasites living on the labor of the industrious."
- Thomas Jefferson
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txinvestigator
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Re: Effective Consent
Texas Penal Code
§ 1.07. Definitions.
(19) "Effective consent" includes consent by a person legally authorized to act for the owner. Consent is not effective if:
(A) induced by force, threat, or fraud;
(B) given by a person the actor knows is not legally authorized to act for the owner;
(C) given by a person who by reason of youth, mental disease or defect, or intoxication is known by the actor to be unable to make reasonable decisions; or
(D) given solely to detect the commission of an offense.
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"Speed is Fine, but accuracy is final"- Bill Jordan
Remember those who died, remember those who killed them.
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stevie_d_64
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Re: Effective Consent
+10_down wrote:TDDude wrote:I'm not a lawyer but my Ex-wife married one.
Ouch!
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"Quis custodiet ipsos custodes?"
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