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How often must "oral" notice be given?

Posted: Mon May 14, 2012 8:43 pm
by Scott Farkus
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?

Re: How often must "oral" notice be given?

Posted: Mon May 14, 2012 8:46 pm
by speedsix
...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?

Posted: Mon May 14, 2012 8:58 pm
by AEA
Was the owner greeting everyone with the same information?
I just cannot understand how/why he would tell you that.

Re: How often must "oral" notice be given?

Posted: Mon May 14, 2012 10:16 pm
by Scott Farkus
AEA wrote:Was the owner greeting everyone with the same information?
I just cannot understand how/why he would tell you that.
Doesn't matter - it's a hypothetical question about a potential real world application of 30.06.

Is one "oral notice" good forever?

Re: How often must "oral" notice be given?

Posted: Mon May 14, 2012 10:49 pm
by speedsix
Scott Farkus wrote:
AEA wrote:Was the owner greeting everyone with the same information?
I just cannot understand how/why he would tell you that.
Doesn't matter - it's a hypothetical question about a potential real world application of 30.06.

Is one "oral notice" good forever?

...for as much of it as you and the one who gave you the notice live...yes...

Re: How often must "oral" notice be given?

Posted: Mon May 14, 2012 10:53 pm
by Oldgringo
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....
Did you ask? "rlol" What part of "concealed" don't you understand? :smilelol5:

Re: How often must "oral" notice be given?

Posted: Tue May 15, 2012 6:29 am
by Scott Farkus
Oldgringo wrote:Did you ask? "rlol" What part of "concealed" don't you understand? :smilelol5:
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?

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?

Posted: Tue May 15, 2012 6:33 am
by speedsix
...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?

Posted: Tue May 15, 2012 6:57 am
by jmra
Scott Farkus wrote:
Oldgringo wrote:Did you ask? "rlol" What part of "concealed" don't you understand? :smilelol5:
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?

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?
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.

Re: How often must "oral" notice be given?

Posted: Tue May 15, 2012 7:15 am
by AEA
Scott Farkus wrote:
AEA wrote:Was the owner greeting everyone with the same information?
I just cannot understand how/why he would tell you that.
Doesn't matter - it's a hypothetical question about a potential real world application of 30.06.

Is one "oral notice" good forever?
Well, it matters for me........................
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. :anamatedbanana

Re: How often must "oral" notice be given?

Posted: Tue May 15, 2012 7:18 am
by WildBill
Scott Farkus wrote:
AEA wrote:Was the owner greeting everyone with the same information?
I just cannot understand how/why he would tell you that.
Doesn't matter - it's a hypothetical question about a potential real world application of 30.06.

Is one "oral notice" good forever?
Yes.

Re: How often must "oral" notice be given?

Posted: Tue May 15, 2012 8:47 am
by 57Coastie
WildBill wrote:
Scott Farkus wrote:
AEA wrote:Was the owner greeting everyone with the same information?
I just cannot understand how/why he would tell you that.
Doesn't matter - it's a hypothetical question about a potential real world application of 30.06.

Is one "oral notice" good forever?
Yes.
\ :iagree:

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

Re: How often must "oral" notice be given?

Posted: Tue May 15, 2012 9:40 am
by jmorris
57Coastie wrote:
WildBill wrote:
Scott Farkus wrote:
AEA wrote:Was the owner greeting everyone with the same information?
I just cannot understand how/why he would tell you that.
Doesn't matter - it's a hypothetical question about a potential real world application of 30.06.

Is one "oral notice" good forever?
Yes.
\ :iagree:

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
:iagree: :iagree:

Re: How often must "oral" notice be given?

Posted: Tue May 15, 2012 11:41 am
by fickman
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.

Re: How often must "oral" notice be given?

Posted: Tue May 15, 2012 5:49 pm
by Oldgringo
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.
Don't ask, don't tell. Concealed is concealed.