4) Someone will call the police, who will arrive and, knowing the area is posted and off limits, decide to arrest you, book you, charge you, and then you get to shell out thousands of dollars in your defense. The police are under no obligation to "ask you to leave" and wait for your compliance.bdickens wrote:I'd walk right on in.
I'd probably never see the sign, because I won't look for it. I never look for 30.06 signs. The law clearly states that the 30.06 posting must be conspicuous and the way I see it, if I have to go on an Easter egg hunt to find the sign it is hardly "conspicuous."
Now, I know some of you are going to object that I am deliberately breaking the law because I have been made aware of the sign. But, let me tell you something, "some guy on the internet said..." is what is known in the courts as "hearsay." Hearsay is not admissible as evidence.
The burden is on the State to prove beyond a reasonable doubt that I was given effective notice before I can be convicted of a crime in this matter.
As far as all you "well, you might beat the rap, but you won't beat the ride" naysayers out there, what is really going to happen is either of three things:
1) Nothing. Because concealed is concealed and I am the only person in this world who is going to know I am carrying and no one else is going to be any the wiser.
Or, if I were to somehow get outed,
2) Someone from the mall management or security will approach me and either then give me effective notice or ask me to leave, at which time I will politely apologize and accede to their wishes by taking myself and my money elsewhere.
or
3) Someone will call the police, who will arrive and ask me to leave, at which time I will politely apologize and accede to their wishes by taking myself and my money elsewhere.
Just for giggles I asked one of my neighbors who is a DPS trooper about this scenario. He said whether he arrested the person or just escorted them off the property was going to depend entirely on their attitude. He also said that he is certain the same could be said of the vast majority of State Troopers, but that local LEOs were a whole different ball game.
So, if you are going to a place that you know has a validly posted 30.06 and trying to use the "but it wasn't posted where I entered so I didn't know" excuse, you might wanna make sure you are VERY convincing. Most of the LEOs that I know have great bull detectors....
