How often must "oral" notice be given?
Moderators: carlson1, Charles L. Cotton
Re: How often must "oral" notice be given?
Here's the problem--to my (limited) knowledge, nobody has ever been prosecuted under PC 30.06, and if they have, it has not been a standalone charge, so we don't have any caselaw. This comes from the DPS troopers I talked to when I took the instructor's course--and the lack of caselaw is a part of the confusion and uncertainty around PC 30.06.
So to take the "gun" question away, if a business owner tells you not to come in his place of business while wearing a particular T-Shirt, does the oral notice stand "for life?" To make the question a bit more "apples for apples," if he tells you not to come in his place of business carrying Canadian money, how does that apply?
I realize the scenarios I just threw out there are somewhat absurd--they're meant to be--but the applicability is the same. I threw the Canadian money out there just because it's something that, carried in your pocket, is something nobody else needs to know about, and specifically isn't a weapon of any kind, and is not illegal to posess (Just like your CCW, if licensed). If asked not to wear a particular T-Shirt, and you return at a later date wearing the T-Shirt, you are trespassing. If you are asked not to bring Canadian money into his place of business, absurd as it sounds, it's his right as the business owner, and if you do so, you are trespassing. The question, of course, is whether the business owner finds out.
This is just my opinion, and my thought process. IANAL, and YMMV. It's of course worth no more than you paid for it, possibly less :)
So to take the "gun" question away, if a business owner tells you not to come in his place of business while wearing a particular T-Shirt, does the oral notice stand "for life?" To make the question a bit more "apples for apples," if he tells you not to come in his place of business carrying Canadian money, how does that apply?
I realize the scenarios I just threw out there are somewhat absurd--they're meant to be--but the applicability is the same. I threw the Canadian money out there just because it's something that, carried in your pocket, is something nobody else needs to know about, and specifically isn't a weapon of any kind, and is not illegal to posess (Just like your CCW, if licensed). If asked not to wear a particular T-Shirt, and you return at a later date wearing the T-Shirt, you are trespassing. If you are asked not to bring Canadian money into his place of business, absurd as it sounds, it's his right as the business owner, and if you do so, you are trespassing. The question, of course, is whether the business owner finds out.
This is just my opinion, and my thought process. IANAL, and YMMV. It's of course worth no more than you paid for it, possibly less :)
American by birth, Texan by the grace of God!
Re: How often must "oral" notice be given?
I agree. Oral notice, whether 30.05 or 30.06, is valid until revoked or the ownership or management of the property changes.cbunt1 wrote:If asked not to wear a particular T-Shirt, and you return at a later date wearing the T-Shirt, you are trespassing. If you are asked not to bring Canadian money into his place of business, absurd as it sounds, it's his right as the business owner, and if you do so, you are trespassing. The question, of course, is whether the business owner finds out.
- Jumping Frog
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Re: How often must "oral" notice be given?
Commercial establishments may have recorded video . . . documentation may consist of something other than a signed piece of paper.jmra wrote: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.
-Just call me Bob . . . Texas Firearms Coalition, NRA Life member, TSRA Life member, and OFCC Patron member
This froggie ain't boiling! Shall not be infringed! Μολών Λαβέ
This froggie ain't boiling! Shall not be infringed! Μολών Λαβέ
Re: How often must "oral" notice be given?
If they won't let me in with my gun then I'm sure not going in with my money. Too many other places to shop, eat, etc.
"To disarm the people is the best and most effectual way to enslave them."
George Mason
Texas and Louisiana CHL Instructor, NRA Pistol, Rifle, Shotgun, Personal Protection and Refuse To Be A Victim Instructor
George Mason
Texas and Louisiana CHL Instructor, NRA Pistol, Rifle, Shotgun, Personal Protection and Refuse To Be A Victim Instructor
Re: How often must "oral" notice be given?
In Vidor? Sure must have changed in the 30+ years since I lived there.MoJo wrote:If they won't let me in with my gun then I'm sure not going in with my money. Too many other places to shop, eat, etc.

Jim
Re: How often must "oral" notice be given?
I'll be honest here... I checked this thread mostly out of curiosity as to whether this was about CHL issues or a growing honey-do list. ;)
If there must be trouble, let it be in my day, that my children will have peace.
Thomas Paine
Thomas Paine
Re: How often must "oral" notice be given?
Well, with the honey-do list, my wife would tell you that oral notice must be given frequently. I have a very short attention..HEY LOOK! A SQUIRREL!txjim42 wrote:I'll be honest here... I checked this thread mostly out of curiosity as to whether this was about CHL issues or a growing honey-do list. ;)

American by birth, Texan by the grace of God!
Re: How often must "oral" notice be given?
...I'll have to remember that one...'course I might get served my supper out on the back porch...
Re: How often must "oral" notice be given?
Well, it *does* explain why I have to take so many meals in my man cave. My father always told me that my mouth was my biggest enemy...LOL
American by birth, Texan by the grace of God!
Re: How often must "oral" notice be given?
...I think your Dad might have bowled with my Dad...I got the same observation regularly...