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by casp625
Wed Jun 03, 2015 6:28 pm
Forum: 2015 Legislative Session
Topic: OC & campus carry penalties under 30.06
Replies: 23
Views: 11390

Re: OC & campus carry penalties under 30.06

CJD wrote:
casp625 wrote:
cowhow wrote: That's the meat of my question...and to also be clear I am not advocating breaking the law either. But, if I find myself beyond an enforceable 30.06 sign I am not necessarily at that point being handed a Class C and $200 fine. As I understand that portion of the bill it's only after oral notice is given that I either depart or suffer the consequences, Class A, loss of CHL, jail time, etc. Am I understanding correctly?
Most people won't even know you are carrying. Here would be a more realistic scenario: You walk into an establishment that is 30.06 posted. For whatever reason, your shirt rides up and the employee sees you are carrying. If they call the cops and you are confronted, LEO can write you up to a $200 ticket for violating 30.06 (assuming it's Jan 1, 2016 or later). If you refuse to leave the premises, then you are going to get charged with a Class A.
Since most won't even notice you are carrying, you will probably be on your way without any encounter.
If they had 30.07 posted also in this scenario, could you get charged with both?
Charged with both 30.06 & 30.07 violations? I doubt one could justify that. Unless you are asking 30.07 being charged with Class C & Class A. Of course, it all comes down to whether you were given oral notice and failed to depart to justify the Class A.
by casp625
Wed Jun 03, 2015 5:09 pm
Forum: 2015 Legislative Session
Topic: OC & campus carry penalties under 30.06
Replies: 23
Views: 11390

Re: OC & campus carry penalties under 30.06

cowhow wrote:
casp625 wrote: Most importantly, the law states that it is a Class A if you are given oral notice and failed to depart. So by sticking around, it seems your simple Class C just got you a year in jail.
That's the meat of my question...and to also be clear I am not advocating breaking the law either. But, if I find myself beyond an enforceable 30.06 sign I am not necessarily at that point being handed a Class C and $200 fine. As I understand that portion of the bill it's only after oral notice is given that I either depart or suffer the consequences, Class A, loss of CHL, jail time, etc. Am I understanding correctly?
Most people won't even know you are carrying. Here would be a more realistic scenario: You walk into an establishment that is 30.06 posted. For whatever reason, your shirt rides up and the employee sees you are carrying. If they call the cops and you are confronted, LEO can write you up to a $200 ticket for violating 30.06 (assuming it's Jan 1, 2016 or later). If you refuse to leave the premises, then you are going to get charged with a Class A.
Since most won't even notice you are carrying, you will probably be on your way without any encounter.
by casp625
Wed Jun 03, 2015 4:22 pm
Forum: 2015 Legislative Session
Topic: OC & campus carry penalties under 30.06
Replies: 23
Views: 11390

Re: OC & campus carry penalties under 30.06

cowhow wrote:As I read this thread a question came to mind and could someone clarify this for me. Either inadvertently or intentionally I walk past a 30.06 sign. Someone "in authority" determines I am armed (concealed). What then? Do I meekly stand there waiting on an officer to come write me up, or do I have opportunity to exit the premises...no harm, no foul? Excuse me for... It's just something that's never crossed my mind until now. Sorry if I'm hijacking the thread.
IANAL, but do you pull off to the side of the road every time you are violating the speed limit? How about flag down an officer for jay-walking? Most importantly, the law states that it is a Class A if you are given oral notice and failed to depart. So by sticking around, it seems your simple Class C just got you a year in jail.
cprems wrote:An interesting question. I would presume that if it's posted and well posted, an intentional violation isn't going to be a class C. I would never suggest ignoring the law.
I believe that this is correct. Hopefully someone can put this to rest.
Sure:
(d) An offense under this section is a Class C misdemeanor
punishable by a fine not to exceed $200, except that the offense is
a Class A misdemeanor if it is shown on the trial of the offense
that, after entering the property, the license holder was
personally given the notice by oral communication described by
Subsection (b) and subsequently failed to depart.
The law doesn't specify whether you intentionally or accidently walked past a valid sign. It is only when you are given oral notice and failed to depart that can be charged with a Class A.

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