imkopaka wrote: ↑Sat Sep 14, 2019 12:44 pmI disagree about the oral notice. There is nothing in law that suggests such blanket statements can be used as oral notice. If they could, a whole lot more license holders would be facing charges right now. The text of the law does not support this, nor does its application so far provide precedent for it.RPBrown wrote: ↑Sat Sep 14, 2019 10:07 amI know that in prior topics it was said that we have effectively been given oral notice about OC at Walmart. However, nothing was stated about Sams Club. I went to the local ((to me) Samss yesterday, saw no signs so I OC’d and not a word was said to me about it
Yes. Let's look at the exact wording of the law:
PC §30.07. TRESPASS BY LICENSE HOLDER WITH AN OPENLY CARRIED
(a) A license holder commits an offense if the license holder:
(1) openly 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 entry on the property by a license holder openly
carrying a handgun was forbidden.
(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.
Provides notice TO THE PERSON...
Somebody on an internet board told me... that the WalMart CEO said... that WalMart doesn't want people to carry guns openly in their stores...
Maybe I caught the end of his interview on TV on MSLSD where he said that... or maybe I didn't. Did you? (rhetorical). Also, let's be practical. Many of us have heard reports that Wal-Mart doesn't want open carry in it's stores. IMO that does not qualify as receiving oral notice under 30.07 that entry onto the property (of any given Texas Wal-Mart) by a license holder openly carrying a handgun under the authority of Subchapter H Chapter 411...is forbidden.
So say I go to my Wal-Mart neighborhood market today and open carry. Is the manager going to call the police, have them arrive, and then demand that they give me a ticket for violating TXPC 30.07, because the CEO gave me oral notice? OK let's say I get the ticket. I'll go to JP court, and tell the prosecutor that I didn't receive notice and he can't prove I did, so he should drop the case. If he doesn't I'll ask for a jury trial and have him present his proof beyond a reasonable doubt that I received notice. OR I could raise the Defense that I am a Volunteer Emergency Response Person (VERP). But let's just say I'm not, I still didn't receive notice. Now I always conceal and carry at places where I have a suspicion that they do not want open carry, but they at least owe it to us to post the signs if they REALLY object to open carry.