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by Soccerdad1995
Thu Dec 01, 2016 10:26 am
Forum: General Texas CHL Discussion
Topic: Posted but manager says ignore it?
Replies: 49
Views: 8480

Re: Posted but manager says ignore it?

sixer-sxt-3.7 wrote:That's a really good catch! Seeing the full text, one has to both have received notice and "not have" effective consent (which means an affirmative approval, it seems like) in order to be breaking the law. Since we rarely ever ask for effective consent to open or conceal, then the first requirement, 30.06/7 (1), is almost always fulfilled - by way of not having a thing required - so we are not excused.

Having an effective consent means that both (1) and (2) are not fulfilled, so the actor can continue to carry. Very good point.
I cut the quote for brevity, hopefully that doesn't cause any confusion.

Since a lot of the posts in this thread focus on your ability to "prove" that the manager gave effective consent, I also wanted to point out that it is really the opposite situation where a prosecutor would have to prove beyond a reasonable doubt that you did not get effective consent. The two scenarios stated ITT are a manager being killed, where I think it would be VERY difficult for a prosecutor to prove this, and a manager being pressured from corporate, where a good defense lawyer should be able to sow enough doubt in this he said / she said type of situation, I would think.

As an aside, I really dislike the tendency we as a group here have to avoid anything that could possibly result in an arrest for something that is not illegal. This forum is a great resource for clarifying Texas firearm laws and learning about the "corner cases". However, it is a bit pointless, IMHO, to always default to "well you still don't want to do THAT because you might get arrested". The simple truth is that if we start with an assumption that the responding LEO may not know the law, then we could get arrested for absolutely anything, so I guess we better never step foot outside of our homes.

This tendency is just an annoyance in most threads, but it is potentially dangerous when it may lead someone to unnecessarily disarm at a given location where there might be a non-compliant sign or some such. That could very well end up getting someone killed.
by Soccerdad1995
Sat Nov 19, 2016 10:52 am
Forum: General Texas CHL Discussion
Topic: Posted but manager says ignore it?
Replies: 49
Views: 8480

Re: Posted but manager says ignore it?

The Annoyed Man wrote:I wouldn't do it unless I had it in writing. But beyond that, I wouldn't do it anyway, written permission or not.

"Your policy is to bar people like me from entering the store. Take down the sign, and maybe I'll buy a car. If not, there are Acura dealers in nearly every city that has car dealerships, and several in the metropolitan Houston area alone. I'm sure that one of them would be happy to take my money. That's my policy." Then start walking toward your car. If the sign comes down, turn around. If not, keep walking.
I'm with TAM on this one. They are being discriminatory and are violating your civil rights. Would you patronize a business that had a sign saying "no [insert name of your religion here] allowed" just because the manager said "oh, you're a good ____, so you can come in, just don't bring anyone else like you.

Now if the question is being unarmed or carrying under verbal consent, because it is somewhere that you absolutely have to go, then I would carry. If in doubt, get an e-mail from the manager, or just carry a concealed rifle (Kel-Tec sub-2000, etc).

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