Re: How often must "oral" notice be given?
Posted: Tue May 15, 2012 6:25 pm
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 :)