Charles L. Cotton wrote:I've read posts stating that some states do not allow private property owners to post enforceable no-trespass signs, but instead require the property owner to ask someone to leave. I've never seen such a statute, but in all candor I've never looked.
I cannot imagine any state with such an absurd no-trespass law. That would mean a property owner would be forced to allow people they consider undesirable on their property, then confront them and tell them to leave. If 50 such people entered daily, he/she would have to confront 50 people every day, with each confrontation being a potential argument, assault or worse. This would never pass the Texas Legislature, nor should it.
As I posted before, the practice of many LEO agencies to is to require someone to tell the offender to leave with the officer present before the officer would make an arrest, but that's not required by law. Also, with an officer present, there's not much of a chance that a serious confrontation will erupt. (Some agencies also keep a trespass warning log, so if the offender returns they will be arrested without yet another order to leave.)
Before anyone jumps in with a comment, this has nothing to do with state or federal laws prohibiting discrimination against people in protected classes, so don't even bring that up.
By almost everyone's admission and anecdotal evidence, including your own about Northern VA, OC is not practiced that widely even in states that it is widely accepted. The odds that 50 OCers, or even 1 would be noticed in a store on a daily basis seems to be pretty thin.
Many states have signs that do not carry the force of law, and I cannot find one case where an owner asking someone to leave resulted in anything else than them leaving.
According to http://www.handgunlaw.us
the following states have laws (or don't have laws depending on how you look at it) that make the "No Guns" sign not have any teeth: (IANAL, do your own research if planning to visit these states):
Of course not all these states have OC, but this list certainly is long enough that if there was a problem, I am sure it would be all over the liberal news media.
Going back to the premise that most folks who would carry an gun on there hip are the good guys (as the bad guys don't want to be noticed), a store owner should be no more afraid of an armed civilian then anyone else. If we perpetuate the idea that store owners could never confront someone with a gun, I think the unintentional affect of this is giving ammo to the left that people should be afraid of law abiding citizens carry guns.
I don't know for a fact that getting rid of 30.06 and moving us into a situation like the above mentioned states would work here in Texas, but it looks like it is working for them.
If we could make this move it sure would make the whole OC vs. CC debate a lot easier. If you are carry concealed, you would literally have nothing to worry about. If you were OC'ing you would open yourself up to being asked to leave and/or a possibly unpleasant interaction with the police.
All the above being said, I have spent to date EXACTLY zero hours working with the Texas Legislature. I am not in the trenches like you, and don't have the experience. My only possible hope is that some point we can use the above to show our Representatives, and our citizens that OC and a modification to 30.06 can work.
Thanks for your help in past sessions, and in advance for the 2013 session.
The Time is Now...
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