Oral or written consent

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O6nop
Senior Member
Posts: 680
Joined: Sun Jun 11, 2006 10:23 pm
Location: Austin

Oral or written consent

Post by O6nop »

(b) For purposes of this section, a person receives notice
if the owner of the property or someone with apparent authority to
act for the owner provides notice to the person by oral or written
communication.
What scares me is, even though this law goes on to describe "written notice", if you are arrested (class A misdemeanor) for being in a facility with inappropriate signs and you point out that the signs were inappropriately constructed, you are basically admitting that you recognize that they don't want concealed handguns in their facility. If you admit that you saw it, inappropriate or not, you are violating a notice. If that happens would it be best that you say you didn't see any written notice. When they show it to you, you would then say, "oh that's why I didn't see it, it was inappropriately constructed or posted!"
I've seen 30.06 signs at Taco Cabana, but the lettering is less than 1" high. Regardless, I am afraid to push it and go in carrying.
bburgi
Member
Posts: 128
Joined: Thu Jul 13, 2006 11:44 pm

Post by bburgi »

You're not violating written notice because "written notice" only applies to 30.06 compliant signs. Non-compliant signs are no more "notice" than a ghost-busters sign. If you "admit that you saw it" as you say, you're simply notifying that you saw a non-compliant sign and therefore were completely legal to carry.

BTW, you can't be arrested for the scenario you described specifically because the signs are not-compliant. The most that could happen in that situation is for the business to go ahead and give you the appropriate oral notice and you couldn't carry there anymore.
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