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Re: First encounter. I hope there aren't more.

Posted: Fri Jan 01, 2016 2:50 pm
by mojo84
Is it just a class C after receiving verbal notice and disregarding it?

Re: First encounter. I hope there aren't more.

Posted: Fri Jan 01, 2016 2:51 pm
by Embalmo
TVGuy wrote:
mgood wrote:
mojo84 wrote:You said she said " no guns allowed here". That's all she needs to say to give you notice.
:iagree:
The rest of the conversation is irrelevant. IMO, you have received verbal notice.

If you're ever caught carrying there and for whatever reason the cops are called, and it goes to court, that woman gets on the stand and says "I told him we don't allow guns here." The other clerk is a witness to that and agrees. You're toast.
You're not going to be going to court for a class c misdemeanor either way it goes.
:biggrinjester:

Re: First encounter. I hope there aren't more.

Posted: Fri Jan 01, 2016 2:54 pm
by TVGuy
mojo84 wrote:Is it just a class C after receiving verbal notice and disregarding it?
It's after refusing to leave. If I went back in two months and they say the same thing again, I'd leave again.

Re: First encounter. I hope there aren't more.

Posted: Fri Jan 01, 2016 2:54 pm
by TexasJohnBoy
If I'm not mistaken, receiving notice and then ignoring it is a Class A. Missing a properly posted 30.06 or 30.07 sign and getting caught inside said establishment with your firearm is a Class C. If you don't leave after being asked then it's escalated to a Class A.

Someone please confirm.

Re: First encounter. I hope there aren't more.

Posted: Fri Jan 01, 2016 2:55 pm
by Embalmo
mojo84 wrote:Tvguy, it's my understanding verbal notice is valid until otherwise notified.
So many customers and employees come an go in these chain stores that it would be next to impossible to prove that some employee gave notice. Especially when the notice was given vaguely in the course of a conversation.

Re: First encounter. I hope there aren't more.

Posted: Fri Jan 01, 2016 2:57 pm
by TVGuy
Embalmo wrote:
mojo84 wrote:Tvguy, it's my understanding verbal notice is valid until otherwise notified.
So many customers and employees come an go in these chain stores that it would be next to impossible to prove that some employee gave notice. Especially when the notice was given vaguely in the course of a conversation.
This.

Re: First encounter. I hope there aren't more.

Posted: Fri Jan 01, 2016 3:01 pm
by The Annoyed Man
TVGuy wrote:How long does that notice last?
Since the law doesn't say, it would seem to me that it lasts until you receive a followup notice that you MAY carry. Pending that notice, the previous notice remains in effect.

Edited to add: the above assumes you received "effective" notice the first time.

Re: First encounter. I hope there aren't more.

Posted: Fri Jan 01, 2016 3:03 pm
by twomillenium
mojo84 wrote:
Embalmo wrote:
mojo84 wrote:
Embalmo wrote:
TVGuy wrote:
Embalmo wrote:I just asked a convenience store clerk while checking out with a Snickers Bar on my lunch break if she'd seen any open carryers yet. I'm at work and concealing. Anyway, a burly woman came out of the back telling us that no guns were allowed here and there was a big sign outside. I insisted she show me the sign and she proudly pointed my nose and o their blue TABC sign. :rules:

Embalmo
Where?
183 close to Cameron in the Wendy's parking lot.

Hope you don't plan to carry there in the future. Even if her reasoning is fallacious, you've been provided notice. Sad part is, you prompted it.

Sometimes it's better to just go about one's business without bringing things like guns up. There are plenty of other things to smalltalk about.
I don't consider an ignorant misquote of a law verbal notice. She based her general verbal notice on the condition of the sign, not her own authority. She never told me I couldn't carry, nor did she say that she didn't allow it.

You said she said " no guns allowed here". That's all she needs to say to give you notice.
I guess I would have to have my arms amputated to shop there. :lol::

Re: First encounter. I hope there aren't more.

Posted: Fri Jan 01, 2016 3:07 pm
by Embalmo
TVGuy wrote:
Embalmo wrote:
mojo84 wrote:Tvguy, it's my understanding verbal notice is valid until otherwise notified.
So many customers and employees come an go in these chain stores that it would be next to impossible to prove that some employee gave notice. Especially when the notice was given vaguely in the course of a conversation.
This.
This is proof of the companies lack of knowledge of both alcohol and gun laws; and the invalidity of the clerks statement. No one is ever going to likely notice a concealed carry unless it's drawn. At that point, verbal notification is the least of my worries.

What concerns me most is the ignorance of the laws from shopkeepers, LE, and the public at large that can erode our rights.

Re: First encounter. I hope there aren't more.

Posted: Fri Jan 01, 2016 3:13 pm
by mojo84
Embalmo wrote:
TVGuy wrote:
Embalmo wrote:
mojo84 wrote:Tvguy, it's my understanding verbal notice is valid until otherwise notified.
So many customers and employees come an go in these chain stores that it would be next to impossible to prove that some employee gave notice. Especially when the notice was given vaguely in the course of a conversation.
This.
This is proof of the companies lack of knowledge of both alcohol and gun laws; and the invalidity of the clerks statement. No one is ever going to likely notice a concealed carry unless it's drawn. At that point, verbal notification is the least of my worries.

What concerns me most is the ignorance of the laws from shopkeepers, LE, and the public at large that can erode our rights.

Can you cite the law of which you are insinuating we are ignorant?

Before jumping to insinuating we are ignorant, you may want to double check your position with someone that is more knowledgableb such as Charles, Keith, Carlson, Steve Rothstein or others.

Re: First encounter. I hope there aren't more.

Posted: Fri Jan 01, 2016 3:22 pm
by TVGuy
mojo84 wrote:
Embalmo wrote:
TVGuy wrote:
Embalmo wrote:
mojo84 wrote:Tvguy, it's my understanding verbal notice is valid until otherwise notified.
So many customers and employees come an go in these chain stores that it would be next to impossible to prove that some employee gave notice. Especially when the notice was given vaguely in the course of a conversation.
This.
This is proof of the companies lack of knowledge of both alcohol and gun laws; and the invalidity of the clerks statement. No one is ever going to likely notice a concealed carry unless it's drawn. At that point, verbal notification is the least of my worries.

What concerns me most is the ignorance of the laws from shopkeepers, LE, and the public at large that can erode our rights.

Can you cite the law of which you are insinuating we are ignorant?

Before jumping to insinuating we are ignorant, you may want to double check your position with someone that is more knowledgableb such as Charles, Keith, Carlson, Steve Rothstein or others.
Mojo, I don't think he's talking about us.

Re: First encounter. I hope there aren't more.

Posted: Fri Jan 01, 2016 3:39 pm
by C-dub
Re: Embamlo's encounter

It sounded like she said that no guns were allowed because of the sign, not because of the store's policy. Since she's wrong about the sign I'm not sure that is actual notice.

Re: First encounter. I hope there aren't more.

Posted: Fri Jan 01, 2016 3:41 pm
by gljjt
TexasJohnBoy wrote:If I'm not mistaken, receiving notice and then ignoring it is a Class A. Missing a properly posted 30.06 or 30.07 sign and getting caught inside said establishment with your firearm is a Class C. If you don't leave after being asked then it's escalated to a Class A.

Someone please confirm.
I believe you are correct. Once you pass the sign, you have committed an offence. You can be ticketed/arrested without any additional request to leave. It would be a class C. In reality you would probably be asked to leave by a person in authority or LE, but it isn't a given. If you then refuse to leave it bumps tho a class A.

Re: First encounter. I hope there aren't more.

Posted: Fri Jan 01, 2016 3:44 pm
by mojo84
C-dub wrote:Re: Embamlo's encounter

It sounded like she said that no guns were allowed because of the sign, not because of the store's policy. Since she's wrong about the sign I'm not sure that is actual notice.
He originally said she said "guns aren't allowed here and there's a big sign". Not because there is a big sign.

He then changed his story to better fit his contention. She is obviously an employee with apparent authority to give notice. She gave him notice.

Whether or not it is actually policy or not is irrelevant. Nowhere that I'm aware of does the law say it has to be an actual formal policy passed down from on high.

Re: First encounter. I hope there aren't more.

Posted: Fri Jan 01, 2016 3:47 pm
by ScottDLS
C-dub wrote:Re: Embamlo's encounter

It sounded like she said that no guns were allowed because of the sign, not because of the store's policy. Since she's wrong about the sign I'm not sure that is actual notice.
I think that makes sense. Since Embalmo was carrying concealed and didn't ask her about that, she didn't really give him notice that HE couldn't carry there, and she didn't ask him to leave...therefore no class A until someone tells him specifically to leave...which likely would have happened had he open carried.