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.
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Jim Beaux wrote:Truth is simple. There are only 2 possible answers here: 1. The store allows guns, or 2. the store does not allow guns.
During the interaction the OP was never advised in any form or by inference that guns were allowed. Regardless if one of the reasons for this decision are invalid, it still doesnt convey permission. The "no guns" was clearly communicated.
The only no gun information I received from the clerk was that it was necessary for all parties to obey the blue sign which she misinterpreted. I don't need a shopkeeper to give me verbal permission to enter with a firearm.
I'm not worried about whether or not I received permission or verbal prohibition. I'm worried that the blue TABC sign could become for all intents and purposes a combination 30.06/30.07 sign in the minds of shopkeepers and LE.
I think we're going to be hearing a lot more about people not knowing/misinterpreting the law on OC. The President is determined to leave some kind of legacy from his administration and I think we'll see a full-court press against guns and gun owners in the coming year. To that end the anti-gun crowd will skew the facts, laws and statistics to get what they want and they will be trying to make OC'ers lives as miserable as possible. They will probably make law enforcement's life miserable in the process.
Personally, I think Open Carry is a really bad idea. The general public does not know the law and even if they do has no way of knowing if the carrier is licensed or not. All they see is "a man with a gun". The only good thing I see in the new law is that you haven't committed a violation if you inadvertently expose your weapon.
biomass1 wrote:I think we're going to be hearing a lot more about people not knowing/misinterpreting the law on OC. The President is determined to leave some kind of legacy from his administration and I think we'll see a full-court press against guns and gun owners in the coming year. To that end the anti-gun crowd will skew the facts, laws and statistics to get what they want and they will be trying to make OC'ers lives as miserable as possible. They will probably make law enforcement's life miserable in the process.
Personally, I think Open Carry is a really bad idea. The general public does not know the law and even if they do has no way of knowing if the carrier is licensed or not. All they see is "a man with a gun". The only good thing I see in the new law is that you haven't committed a violation if you inadvertently expose your weapon.
That law was already in place prior to open carry for no crime committed if you inadvertently exposing your handgun. So, the only thing open carry did was make it allowable to intentionally display your handgun in a non-threatening manner.
Keith
Texas LTC Instructor, Missouri CCW Instructor, NRA Certified Pistol, Rifle, Shotgun Instructor and RSO, NRA Life Member
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...
What are you talking about?
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!!!
"The trouble with our liberal friends is not that they're ignorant, it's just that they know so much that isn't so." - Ronald Reagan, 1964
30.06 signs only make criminals and terrorists safer.
NRA, LTC, School Safety, Armed Security, & Body Guard Instructor
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...
What are you talking about?
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
Texas LTC Instructor, Missouri CCW Instructor, NRA Certified Pistol, Rifle, Shotgun Instructor and RSO, NRA Life Member
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...
What are you talking about?
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.
and that was in fact verbal notice, no matter what its based upon, wrong understanding or not
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.
None of us have apparent authority to give notice.
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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...
What are you talking about?
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.
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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.
Reading the post is not notice to us. Written notice must be the precise language of the 30.06/30.07 signs. Verbal notice does not have that standard and can be as informal as "Hey, no guns in here."
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.
Keith
Texas LTC Instructor, Missouri CCW Instructor, NRA Certified Pistol, Rifle, Shotgun Instructor and RSO, NRA Life Member
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.
Note: Me sharing a link and information published by others does not constitute my endorsement, agreement, disagreement, my opinion or publishing by me. If you do not like what is contained at a link I share, take it up with the author or publisher of the content.