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Would this constitute notice?
Posted: Tue Nov 29, 2011 8:39 pm
by stripesace
Got this email a while ago from a sporting venue local to the Houston area. I've tried to remove as much of the sport specific terms to create some anonymity. But I have to beg the question does this constitute notice that you need to leave. Yes, concealed means concealed, but I have never seen a 30.06 sign, or red 51% on premises. But is this a blanket statement that has the same effect as someone saying "sir, we don't want your gun here, please leave."
Today, I would like to remind everyone of our policy regarding another safety item…weapons. Under no circumstance are firearms or any weapons permitted on our property at any time. This also includes those possessing a Concealed Handgun License. No weapons of any kind are permitted, by anyone other than law enforcement, onto our property. In addition, there is and has been a sign at the front entrance gate stating this. Should at any time, our staff suspect that a firearm may be in someone’s possession, the appropriate Police will be immediately contacted. Should firearms be found, that individual will be arrested and will be permanently banned from the facility. We appreciate your support in this manner as we are confident it is in everyone’s best interest.
Vice President & General Manager
Re: Would this constitute notice?
Posted: Tue Nov 29, 2011 8:44 pm
by speedsix
...why did you get that email? if it was something sent to all customers, he's cutting his own throat...
Re: Would this constitute notice?
Posted: Tue Nov 29, 2011 8:47 pm
by Thomas
Regardless, if I ever received an e-mail like that, I would create an anonymous e-mail account, copy and paste the text, then write "You just lost me as a customer."
Re: Would this constitute notice?
Posted: Tue Nov 29, 2011 8:53 pm
by speedsix
Re: Would this constitute notice?
Posted: Tue Nov 29, 2011 8:59 pm
by KC5AV
It has no legal meaning to a customer.
Re: Would this constitute notice?
Posted: Tue Nov 29, 2011 9:00 pm
by MoJo
I'm thinking it may not be effective notice since the 30.06 wording isn't used. That said, I would never spend another penny at this place of business. I'd tell them why I was boycotting them and tell all my friends not to do business with them.
Re: Would this constitute notice?
Posted: Tue Nov 29, 2011 9:00 pm
by stripesace
Mass email sent to I think registered competitors and not to customers.
Re: Would this constitute notice?
Posted: Tue Nov 29, 2011 9:19 pm
by apostate
stripesace wrote:Got this email a while ago from a sporting venue local to the Houston area.
I might be concerned about 46.035 but the email is meaningless as far as 30.06 notice.
Re: Would this constitute notice?
Posted: Tue Nov 29, 2011 9:19 pm
by bkj
Sporting Venue? Professional? Collage? High school?
Re: Would this constitute notice?
Posted: Tue Nov 29, 2011 9:22 pm
by stripesace
Privately owned, events open to the paying public. I guess perhaps it COULD fall under professional sports.
Re: Would this constitute notice?
Posted: Tue Nov 29, 2011 9:54 pm
by C-dub
stripesace wrote:Privately owned, events open to the paying public. I guess perhaps it COULD fall under professional sports.
Only if there were a professional event going on at the time.
Re: Would this constitute notice?
Posted: Tue Nov 29, 2011 10:06 pm
by stripesace
People are paid based on their performance. Guess that makes it professional, regardless of how little they're paid based on performance.
Re: Would this constitute notice?
Posted: Tue Nov 29, 2011 10:16 pm
by strider67
stripesace wrote:People are paid based on their performance. Guess that makes it professional, regardless of how little they're paid based on performance.
Bingo!
But why would you frequent a competitor's establishment?
Re: Would this constitute notice?
Posted: Tue Nov 29, 2011 10:19 pm
by RoyGBiv
"Competitor"... The people competing in the event... example: Drag Races... Each car driver and their team are "competitors".
IMO it's a "professional" sporting event if anyone is getting paid or anyone is paying to enter.
IANAL, but I would err on the side of caution in this regard. "Prohibited Place"
IMO, YMMV
Re: Would this constitute notice?
Posted: Tue Nov 29, 2011 10:21 pm
by rtschl
My 2 cents worth...
Per 30.06:
(3) "Written communication" means:
(A) a card or other document on which is written language
identical to the following: "Pursuant to Section 30.06, Penal Code
(trespass by holder of license to carry a concealed handgun), a person
licensed under Subchapter H, Chapter 411, Government Code (concealed
handgun law), may not enter this property with a concealed
handgun";
The email you included does not have the identical language. You may not beat the ride if you become unconcealed, but you should beat the rap.
Ron
