I'm imagining the part time city attorney in my small town holding forth in municipal court against my defense for a $200 / no jail class C misdemeanor. Voir Dire for jury selection could take as long as for capital murder...then there's the subpoenas for all the witnesses (corporate officials of the store, people who know the deceased manager, and of course lots of character witnesses for me). I could see the trial being bigger than OJ Simpson's.Soccerdad1995 wrote:I cut the quote for brevity, hopefully that doesn't cause any confusion.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.
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.
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Return to “Posted but manager says ignore it?”
- Thu Dec 01, 2016 10:33 am
- Forum: General Texas CHL Discussion
- Topic: Posted but manager says ignore it?
- Replies: 49
- Views: 8077
Re: Posted but manager says ignore it?
- Sun Nov 20, 2016 10:27 am
- Forum: General Texas CHL Discussion
- Topic: Posted but manager says ignore it?
- Replies: 49
- Views: 8077
Re: Posted but manager says ignore it?
Again...For the "ride" to the JP to issue a summons?Abraham wrote:Would an LEO accept written permission in a 30.06 location or maybe read it, laugh and take you for the ride?
Seems like a waste of time, but maybe he'd just arrest you for 46.02 UCW even though you have a LTC...It's just a "defense to prosecution" after all, so you may take the proverbial "ride". 
- Sun Nov 20, 2016 9:11 am
- Forum: General Texas CHL Discussion
- Topic: Posted but manager says ignore it?
- Replies: 49
- Views: 8077
Re: Posted but manager says ignore it?
If the manager gives permission the action is legal. It's a $200 ticket if you're caught and wrongly convicted. Just go in concealed and go about your business. It's about the same as worrying whether you'll get arrested for carrying in a non posted location WITH a LTC. 