How often must "oral" notice be given?
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How often must "oral" notice be given?
Let's say you concealed carry into a non-posted business and the owner tells you that concealed carry is not allowed. You leave immediately and think no more about it. Next month you return to that business carrying your concealed handgun. Are you automatically trespassing per 30.06, or does the owner have to tell you again that concealed carry is not allowed and give you the opportunity to leave?
Would it matter whether or not you remembered that the owner gave you oral notice the first time?
Would it matter whether or not you remembered that the owner gave you oral notice the first time?
Re: How often must "oral" notice be given?
...as long as the person who gave you the notice was there...or had documented it...or told you in front of witnesses...it stands...if you went there and nobody was there who remembered the notice...you'd be good...but if someone walked in to work and wanted to be a jerk...you'd lose the case..they'd just have to testify that you'd been told...it's much better that guns aren't discussed and oral notice never happens...
Re: How often must "oral" notice be given?
Was the owner greeting everyone with the same information?
I just cannot understand how/why he would tell you that.
I just cannot understand how/why he would tell you that.
Alan - ANYTHING I write is MY OPINION only.
Certified Curmudgeon - But, my German Shepherd loves me!
NRA-Life, USN '65-'69 & '73-'79: RM1
1911's RULE!
Certified Curmudgeon - But, my German Shepherd loves me!
NRA-Life, USN '65-'69 & '73-'79: RM1
1911's RULE!
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Re: How often must "oral" notice be given?
Doesn't matter - it's a hypothetical question about a potential real world application of 30.06.AEA wrote:Was the owner greeting everyone with the same information?
I just cannot understand how/why he would tell you that.
Is one "oral notice" good forever?
Re: How often must "oral" notice be given?
Scott Farkus wrote:Doesn't matter - it's a hypothetical question about a potential real world application of 30.06.AEA wrote:Was the owner greeting everyone with the same information?
I just cannot understand how/why he would tell you that.
Is one "oral notice" good forever?
...for as much of it as you and the one who gave you the notice live...yes...
- Oldgringo
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Re: How often must "oral" notice be given?
Did you ask?Scott Farkus wrote:....Let's say you concealed carry into a non-posted business and the owner tells you that concealed carry is not allowed....


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Re: How often must "oral" notice be given?
Maybe he just says "we don't allow guns in here" to everybody as a matter of course. Maybe he suspected you were carrying based on what you were wearing or how your pants were drooping. Who knows? It doesn't matter. If you're given oral notice once, it applies for that business for the rest of your and his life, and if you conceal carry in there again you are trespassing according to the law?Oldgringo wrote:Did you ask?What part of "concealed" don't you understand?
What if you overhear him telling another customer that "no guns are allowed in here"? Is that oral notice to you, or just to that customer, or to everybody within earshot at the time?
Re: How often must "oral" notice be given?
...I make it my business not to eavesdrop on private conversations...and to carefully avoid any discussions of subjects I don't want to hear about...and my pants don't droop...a good Wilderness Products belt takes care of that...
Re: How often must "oral" notice be given?
In my line of work there is a saying, "If it's not documented, it didn't happen". I would think someone would have a heard time holding someone's feet to the fire legally without some type of documentation. That being said, I would not return armed to a location where I had personally been told not to carry. In fact, if at all possible I would avoid the place altogether.Scott Farkus wrote:Maybe he just says "we don't allow guns in here" to everybody as a matter of course. Maybe he suspected you were carrying based on what you were wearing or how your pants were drooping. Who knows? It doesn't matter. If you're given oral notice once, it applies for that business for the rest of your and his life, and if you conceal carry in there again you are trespassing according to the law?Oldgringo wrote:Did you ask?What part of "concealed" don't you understand?
What if you overhear him telling another customer that "no guns are allowed in here"? Is that oral notice to you, or just to that customer, or to everybody within earshot at the time?
Life is tough, but it's tougher when you're stupid.
John Wayne
NRA Lifetime member
John Wayne
NRA Lifetime member
Re: How often must "oral" notice be given?
Well, it matters for me........................Scott Farkus wrote:Doesn't matter - it's a hypothetical question about a potential real world application of 30.06.AEA wrote:Was the owner greeting everyone with the same information?
I just cannot understand how/why he would tell you that.
Is one "oral notice" good forever?
Oral, written, shouted, whispered, whatever.......once I get notice I don't need to know if it is forever or not........
I would never go back there anyway.

Alan - ANYTHING I write is MY OPINION only.
Certified Curmudgeon - But, my German Shepherd loves me!
NRA-Life, USN '65-'69 & '73-'79: RM1
1911's RULE!
Certified Curmudgeon - But, my German Shepherd loves me!
NRA-Life, USN '65-'69 & '73-'79: RM1
1911's RULE!
Re: How often must "oral" notice be given?
Yes.Scott Farkus wrote:Doesn't matter - it's a hypothetical question about a potential real world application of 30.06.AEA wrote:Was the owner greeting everyone with the same information?
I just cannot understand how/why he would tell you that.
Is one "oral notice" good forever?
NRA Endowment Member
Re: How often must "oral" notice be given?
\WildBill wrote:Yes.Scott Farkus wrote:Doesn't matter - it's a hypothetical question about a potential real world application of 30.06.AEA wrote:Was the owner greeting everyone with the same information?
I just cannot understand how/why he would tell you that.
Is one "oral notice" good forever?

A simple question; a simple answer. As is too often the case, weasel-worded comments are received which muddy up the simple answer, often saying, "...but to avoid the consequences of ignoring the notice, you can ....? Lie? Add a "but-if" to the question?
Jim
Last edited by 57Coastie on Tue May 15, 2012 1:31 pm, edited 1 time in total.
Re: How often must "oral" notice be given?
57Coastie wrote:\WildBill wrote:Yes.Scott Farkus wrote:Doesn't matter - it's a hypothetical question about a potential real world application of 30.06.AEA wrote:Was the owner greeting everyone with the same information?
I just cannot understand how/why he would tell you that.
Is one "oral notice" good forever?![]()
A simple question; a simple answer. As is too often the case, weasel-worded comments are received which muddy up the simple answer, often saying, "...but to avoid the consequences of ignoring the notice, you can ....? Lie?
Jim


Jay E Morris,
Guardian Firearm Training, NRA Pistol, LTC < retired from all
NRA Lifetime, TSRA Lifetime
NRA Recruiter (link)
Guardian Firearm Training, NRA Pistol, LTC < retired from all
NRA Lifetime, TSRA Lifetime
NRA Recruiter (link)
Re: How often must "oral" notice be given?
I think it depends on a lot of variables.
If they know who I am AND have the authority to give the notice on behalf of the establishment, I'd assume it's valid forever until they communicate something different.
If it's a small business with a personalized communication, I'd assume the notice was valid until the ownership/management changed.
If it's a larger, more impersonal or anonymous interaction (big box store, assistant manager or employee, company crier) I might be led to believe that the notice is valid for a period of time, but not into perpetuity.
Corporate policies change. Store policies change. Personnel change. People's opinions change.
If they know who I am AND have the authority to give the notice on behalf of the establishment, I'd assume it's valid forever until they communicate something different.
If it's a small business with a personalized communication, I'd assume the notice was valid until the ownership/management changed.
If it's a larger, more impersonal or anonymous interaction (big box store, assistant manager or employee, company crier) I might be led to believe that the notice is valid for a period of time, but not into perpetuity.
Corporate policies change. Store policies change. Personnel change. People's opinions change.
Native Texian
- Oldgringo
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Re: How often must "oral" notice be given?
Don't ask, don't tell. Concealed is concealed.fickman wrote:I think it depends on a lot of variables.
If they know who I am AND have the authority to give the notice on behalf of the establishment, I'd assume it's valid forever until they communicate something different.
If it's a small business with a personalized communication, I'd assume the notice was valid until the ownership/management changed.
If it's a larger, more impersonal or anonymous interaction (big box store, assistant manager or employee, company crier) I might be led to believe that the notice is valid for a period of time, but not into perpetuity.
Corporate policies change. Store policies change. Personnel change. People's opinions change.