Search found 16 matches

by mojo84
Sat Jan 02, 2016 12:51 pm
Forum: General Texas CHL Discussion
Topic: First encounter. I hope there aren't more.
Replies: 70
Views: 11592

Re: First encounter. I hope there aren't more.

K, I do not see a problem asking for clarification.
by mojo84
Fri Jan 01, 2016 9:35 pm
Forum: General Texas CHL Discussion
Topic: First encounter. I hope there aren't more.
Replies: 70
Views: 11592

Re: First encounter. I hope there aren't more.

Welcome back, jmra. It's been a while.

It's my understanding one would be banned indefinitely or until notified otherwise.

No sense in people bringing it up in conversation. Your other point is noted. That is just a risk one may or may not choose to take.
by mojo84
Fri Jan 01, 2016 8:58 pm
Forum: General Texas CHL Discussion
Topic: First encounter. I hope there aren't more.
Replies: 70
Views: 11592

Re: First encounter. I hope there aren't more.

Keith B wrote:
mojo84 wrote:
Keith, nothing says it has to be a "management" employee. Charles has also opined elsewhere that it only takes someone with apparent authority and that includes people that obviously work there.

With the rest of your comment I agree.
I agree. Should have just said 'someone with the authority, as I stated for reinstating authorization to carry.

:thumbs2:
by mojo84
Fri Jan 01, 2016 7:03 pm
Forum: General Texas CHL Discussion
Topic: First encounter. I hope there aren't more.
Replies: 70
Views: 11592

Re: First encounter. I hope there aren't more.

Keith B wrote:
AJSully421 wrote:
WildBill wrote:
AJSully421 wrote:Here is the bigger question... Has everyone who has read this thread been given eternal written notice simply by reading the posts?

Something to think about... :evil2:
What are you talking about? :headscratch
I am making fun of anyone saying this guy has received eternal verbal notice and that he is the only person in all of the universe who cannot OC or CC in that store, ever... even if the store changes owners, is bulldozed and made into something else... Perma ban on the OP!!!
In the case of verbal notice, as long as it is done by a management employee, then the notice IS permanent until such time as it is reascended by someone with authority for the business. Notice would also go away should the business change to something else, but would NOT go away if it just changed management unless you were given permission by the new management.
Keith, nothing says it has to be a "management" employee. Charles has also opined elsewhere that it only takes someone with apparent authority and that includes people that obviously work there.

With the rest of your comment I agree.
by mojo84
Fri Jan 01, 2016 6:59 pm
Forum: General Texas CHL Discussion
Topic: First encounter. I hope there aren't more.
Replies: 70
Views: 11592

Re: First encounter. I hope there aren't more.

AJSully421 wrote:Here is the bigger question... Has everyone who has read this thread been given eternal written notice simply by reading the posts?

Something to think about... And also makes about as much sense as what some of you are saying. :evil2:
None of us have apparent authority to give notice.
by mojo84
Fri Jan 01, 2016 5:38 pm
Forum: General Texas CHL Discussion
Topic: First encounter. I hope there aren't more.
Replies: 70
Views: 11592

Re: First encounter. I hope there aren't more.

howdy wrote:So it is the contention of some here that if I OC in a Wal Mart for X number of days and one day a unknown store employee says "guns are not allowed here", that I have received notice and forever banned from carrying there? What if I later see multiple people OCing there without being hassled? Am I still banned for life? Oh, as far as the them "expert", I doubt anyone on this forum would call themselves an expert in CHL law. We are all experts in our own opinion, but there is very little case law to back up those opinions.
In the scenario you present, I suggest you get an employee to tell you it's ok for you to carry. Subsequent notification should supersede previous notification.

Then again, maybe you have been identified as someone they do not want carrying in their store and they confirm that you have been notified not to.
by mojo84
Fri Jan 01, 2016 4:06 pm
Forum: General Texas CHL Discussion
Topic: First encounter. I hope there aren't more.
Replies: 70
Views: 11592

Re: First encounter. I hope there aren't more.

Excaliber wrote:
mgood wrote:
mojo84 wrote:You said she said " no guns allowed here". That's all she needs to say to give you notice.
:iagree:
The rest of the conversation is irrelevant. IMO, you have received verbal notice.

If you're ever caught carrying there and for whatever reason the cops are called, and it goes to court, that woman gets on the stand and says "I told him we don't allow guns here." The other clerk is a witness to that and agrees. You're toast.
That sure sounds like clear verbal notice to me.

Unfortunately, it appears that the OP has put himself in the position of being the only LTC holder who is now specifically and individually prohibited from carrying in that store.
And he refuses to accept that he has.

I'm done here.
by mojo84
Fri Jan 01, 2016 4:05 pm
Forum: General Texas CHL Discussion
Topic: First encounter. I hope there aren't more.
Replies: 70
Views: 11592

Re: First encounter. I hope there aren't more.

Embalmo wrote:
mojo84 wrote:All the more reason I recommend you get a second opinion from one of the experts I mentioned previously. The law is not what we think it is or want it to be. It will only cost you if you are wrong.
I'm very confident about my knowledge of blue versus red TABC signs. And I'm very confident of this forum's members' knowledge of blue versus red TABC signs. I'm growing less and less confident of the community's knowledge of blue versus red TABC signage.

The issue is not the difference between the blue and red TABC signs.
by mojo84
Fri Jan 01, 2016 3:52 pm
Forum: General Texas CHL Discussion
Topic: First encounter. I hope there aren't more.
Replies: 70
Views: 11592

Re: First encounter. I hope there aren't more.

All the more reason I recommend you get a second opinion from one of the experts I mentioned previously. The law is not what we think it is or want it to be. It will only cost you if you are wrong.


Just because the HEB employee have an I correct reason for them putting up the signs it does not invalidate their signs. Just like the clerk in your situation didn't invalidate her notice to you.
by mojo84
Fri Jan 01, 2016 3:44 pm
Forum: General Texas CHL Discussion
Topic: First encounter. I hope there aren't more.
Replies: 70
Views: 11592

Re: First encounter. I hope there aren't more.

C-dub wrote:Re: Embamlo's encounter

It sounded like she said that no guns were allowed because of the sign, not because of the store's policy. Since she's wrong about the sign I'm not sure that is actual notice.
He originally said she said "guns aren't allowed here and there's a big sign". Not because there is a big sign.

He then changed his story to better fit his contention. She is obviously an employee with apparent authority to give notice. She gave him notice.

Whether or not it is actually policy or not is irrelevant. Nowhere that I'm aware of does the law say it has to be an actual formal policy passed down from on high.
by mojo84
Fri Jan 01, 2016 3:13 pm
Forum: General Texas CHL Discussion
Topic: First encounter. I hope there aren't more.
Replies: 70
Views: 11592

Re: First encounter. I hope there aren't more.

Embalmo wrote:
TVGuy wrote:
Embalmo wrote:
mojo84 wrote:Tvguy, it's my understanding verbal notice is valid until otherwise notified.
So many customers and employees come an go in these chain stores that it would be next to impossible to prove that some employee gave notice. Especially when the notice was given vaguely in the course of a conversation.
This.
This is proof of the companies lack of knowledge of both alcohol and gun laws; and the invalidity of the clerks statement. No one is ever going to likely notice a concealed carry unless it's drawn. At that point, verbal notification is the least of my worries.

What concerns me most is the ignorance of the laws from shopkeepers, LE, and the public at large that can erode our rights.

Can you cite the law of which you are insinuating we are ignorant?

Before jumping to insinuating we are ignorant, you may want to double check your position with someone that is more knowledgableb such as Charles, Keith, Carlson, Steve Rothstein or others.
by mojo84
Fri Jan 01, 2016 2:50 pm
Forum: General Texas CHL Discussion
Topic: First encounter. I hope there aren't more.
Replies: 70
Views: 11592

Re: First encounter. I hope there aren't more.

Is it just a class C after receiving verbal notice and disregarding it?
by mojo84
Fri Jan 01, 2016 2:35 pm
Forum: General Texas CHL Discussion
Topic: First encounter. I hope there aren't more.
Replies: 70
Views: 11592

Re: First encounter. I hope there aren't more.

Regardless, I believe you have been given notice. You may want to reach out to some of the more knowledgable trusted posters or mods to get their opinion.

If you are wrong and you get caught carrying there, you could suffer consequences since you've been previously notified.
by mojo84
Fri Jan 01, 2016 2:27 pm
Forum: General Texas CHL Discussion
Topic: First encounter. I hope there aren't more.
Replies: 70
Views: 11592

Re: First encounter. I hope there aren't more.

Embalmo wrote:
mojo84 wrote:
Embalmo wrote:
TVGuy wrote:
Embalmo wrote:I just asked a convenience store clerk while checking out with a Snickers Bar on my lunch break if she'd seen any open carryers yet. I'm at work and concealing. Anyway, a burly woman came out of the back telling us that no guns were allowed here and there was a big sign outside. I insisted she show me the sign and she proudly pointed my nose and o their blue TABC sign. :rules:

Embalmo
Where?
183 close to Cameron in the Wendy's parking lot.

Hope you don't plan to carry there in the future. Even if her reasoning is fallacious, you've been provided notice. Sad part is, you prompted it.

Sometimes it's better to just go about one's business without bringing things like guns up. There are plenty of other things to smalltalk about.
I don't consider an ignorant misquote of a law verbal notice. She based her general verbal notice on the condition of the sign, not her own authority. She never told me I couldn't carry, nor did she say that she didn't allow it.

You said she said " no guns allowed here". That's all she needs to say to give you notice.
by mojo84
Fri Jan 01, 2016 2:25 pm
Forum: General Texas CHL Discussion
Topic: First encounter. I hope there aren't more.
Replies: 70
Views: 11592

Re: First encounter. I hope there aren't more.

Tvguy, it's my understanding verbal notice is valid until otherwise notified.

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