30.06 Verbal

[BrassMonkey]

Something I have been wondering.

Say you are in a retail store, any business for that matter and are carrying.

Clerk: Do you have a gun?
Monkey: Nope.
Clerk: Good, cause we don't allow those here. OR Good, cause if you did, we would have to ask you to leave.

Have you been given notice?

[GeoJAP]

edited as the correct answer was given below.

[BrassMonkey]

Thanks.

1. No where in my situation did I state the customer was asked to leave
2. 30.06 was obviously a typo, my sincerest apologies while I correct it

If anyone asks you to leave and you don't, it's trespassing. There is no such think as 20.06, as far as I know. You do not have an obligation to divulge the fact that you are carrying to anyone other than a LEO, to my knowledge.

[BrassMonkey]

Also,
You have to identify to a magistrate as wellas a LEO.

[razoraggie]

Agreed.

You are only required to answer to law enforcement as to your carrying status. Quick question though: Other than a accidental "flashing", why would a clerk ask this question? Just curious if this situation is from an experience or just a hypothetical.

[BrassMonkey]

Hypothetical.

[stevie_d_64]

As long as we are dealing in the hypothetical...And its Sunday...I'll bite...

"How did the clerk know to ask you if you were carrying a gun?"

See, what I am getting at here is that there seems to be this perponderance to be as open about our CHL and our carry status to almost anyone and anything...

I'm all for displaying a positive and mature stance on this issue, and that we should be good stewards of our capability...

But as much as I openly support the idea, and want to be that kind of ambassador, I have always held that card closer to my chest than any other issue I have ever come across...

There would be no way I would ever give off any kind of "tell" that I was a CHL or was caryring a weapon in any retail or other public place that I am allowed to carry in...

So this is something that I have never come across out of the blue with anyone (outside my small circle of folks that know) that I have a CHL, or am carrying a weapon of any kind...

I just don't advertise...

[stevie_d_64]

Something I have been wondering.

Say you are in a retail store, any business for that matter and are carrying.

Clerk: Do you have a gun?
Monkey: Nope.
Clerk: Good, cause we don't allow those here. OR Good, cause if you did, we would have to ask you to leave.

Have you been given notice?

Did you, and you fibbed???

[BrassMonkey]

I don't advertise either. This is a strictly hypothetical situation. Hell, the cops around here I run around with still don't know...

I dumbed down the situation for a reason, I left no ambiguity or questions to be asked of the situation.


Sooooo, based on the question asked, with the details provided, what would you do.

[Sangiovese]

If I am told directly that guns are not allowed, then I leave. Right then.

Based on the clerk's response in your initial post. I would leave. I would also leave whatever I was about to buy on the counter.

[Skiprr]

Clerk: Good, cause we don't allow those here. OR Good, cause if you did, we would have to ask you to leave.

Duh. You've been given oral warning.

Why is this a question?

[propellerhead]

Hypothetically speaking... I'd be elusive. Like this:

Clerk: Do you have a gun?
Me: Me? Why would I have a gun?
Clerk: Well, if you do... bla bla bla.
Me: Pfft. Me? Carrying a gun? <silly laughter> Yea right. Hey, are these on sale? The tag on the shelf said they were on sale. What does it ring up as?

[BrassMonkey]

ok, let's drill down into this.

To the best of my pea brained knowledge, all they can do without a 30.06 is ask you to leave. What constitutes verbal warning in lieu of proper written notice? In my scenario, I have not been asked to leave, a store representative made a comment on what they WOULD do IF I was armed, and that the "don't allow".

This is almost two questions for me, common sense, and letter of the law?

Thanks!

Clerk: Good, cause we don't allow those here. OR Good, cause if you did, we would have to ask you to leave.

Duh. You've been given oral warning.

Why is this a question?

[Renegade]

They do not have to ask you to leave. Merely "give notice that entry on the property by a license holder with a concealed handgun was forbidden; or remaining on the property with a concealed handgun was forbidden and failed to depart."


§ 30.06. TRESPASS BY HOLDER OF LICENSE TO CARRY CONCEALED
HANDGUN. (a) A license holder commits an offense if the license
holder:
(1) carries a handgun under the authority of
Subchapter H, Chapter 411, Government Code, on property of another
without effective consent; and
(2) received notice that:
(A) entry on the property by a license holder
with a concealed handgun was forbidden; or
(B) remaining on the property with a concealed
handgun was forbidden and failed to depart.

[BrassMonkey]

That did it. Thanks....

They do not have to ask you to leave. Merely "give
notice that entry on the property by a license holder with a concealed handgun was forbidden; or remaining on the property with a concealed handgun was forbidden and failed to depart."


§ 30.06. TRESPASS BY HOLDER OF LICENSE TO CARRY CONCEALED
HANDGUN. (a) A license holder commits an offense if the license
holder:
(1) carries a handgun under the authority of
Subchapter H, Chapter 411, Government Code, on property of another
without effective consent; and
(2) received notice that:
(A) entry on the property by a license holder
with a concealed handgun was forbidden; or
(B) remaining on the property with a concealed
handgun was forbidden and failed to depart.