The part I just highlighted in bold is the part that makes your understanding incorrect, as I understand it. The law does not say you MUST be given oral notice, just that you can be given oral notice and it is a defense if you leave when they do that. I think this was done both to lessen the number of cases, but also to allow for the vagueness of the law requiring the sign to be posted in A conspicuous spot instead of by all entrances.jmorris wrote: ↑Wed Apr 07, 2021 1:50 pmsrothstein wrote: ↑Tue Apr 06, 2021 2:42 pm I believe someone misinterpreted the wording of the law. It is a crime to walk past a properly posted 30.06/07 sign. You can be cited for this with a class C misdemeanor ticket. This is a valid citation IF no other actions take place. For example, if you are carrying with your LTC and ignore the sign and enter a store. A manager sees the pistol when you reach for something. He does not approach you but calls the police saying there is a person in the store with a gun who ignored the signs. When the officer arrives and identifies you, you present your ID and LTC in accordance with the law. The officer asks if you are armed and you say yes. He can then cite you for the violation.
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But as I understand HB121 then the police must orally warn you and give you a chance to leave before issuing you the ticket. This makes the class C moot because if you leave there is no ticket and if you don't leave it is now a Class A.
The act doesn't say who has to give oral notice, just that you must be given it.
A close look at 30.06 shows that section (a) lays out the basic elements of the offense. It says you must be carrying a weapon under the authority of your LTC, you must be on property owned by someone else, you must not have effective consent to be on the property, and you must have received notice that the entry on the property was forbidden. Section (b) says you received notice that entry was forbidden if someone acting with the apparent authority of the owner gives you oral OR written notice. Section (c) defines, among other things, written notice as the sign.
So, these three subsections add up to the offense was committed when you entered the property with a firearm after seeing a properly posted sign. The law then says in section (d) that this is a class C misdemeanor unless other things occur. It also says in section (g) that you have a defense to prosecution if someone gives you oral notice and you leave.
Note that there is no requirement anywhere for you to be given oral notice, even by the police. One of the key points to this is that the person giving notice has to have the apparent authority of the owner. If the owner saw the pistol and called the police and insists you are to be arrested, then the officer does NOT have the apparent authority of the owner to give you notice and let you leave.
Now, in real life this may have the effect you think. Most cops are inherently lazy and most support people carrying guns. So they will generally tell you to leave and not come back with a gun and hope you do. Most of us will, of course, take them up on that because we do not want to go to jail. But, there are some anti-gun people out there that will insist the officer arrest (well, ticket) you instead of letting you go because you dared to carry a pistol in their property. And, as we have seen recently when dealing with masks, there are the idiots who will insist that they can not be told to leave a place that they are a customer of and will force the police to arrest them. I certainly hope no gun owners are that stupid, but I am pretty sure there are a few.