The op said he read it in the bulletin. He has been given effective notice. Not disagreeing with everything else that you wrote but notice can either be by signs, verbal or written and op said he read it in the bulletin. If he wasn't honest about it then he may not have received effective notice.
You keep assuming that there is a prosecution. The issue is has the op been given notice because he read the bulletin that said no guns? My argument is that he has been given legal notice and he can proceed in any fashion that he wants to. One can be given notice by signs, writing and oral and the op has been given notice. I believe that a written bulletin which he said he has read is notice. A moral person would not knowingly break the law.Again, the prosecution is required to prove the OP was effectively noticed for a conviction. Since the defendant is not required to take the stand, nor is the defendant required to incriminate himself, how does the prosecution get a conviction?
For LTC holders, in the vast majority of scenarios, a .05/.06/.07 sign is merely a suggestion so long as you leave if asked. And that’s without getting into the various defenses to prosecution available.
I agree, verbal notice does not have an expiration date.He may have read it, but he was given verbal notice 3 sundays in a row.
But evidently verbal notice has an expiration date.
You keep assuming that there is a prosecution. …
It is a defense to prosecution that the license holder was personally given notice by oral communication described by Subsection (b) and promptly departed from the property.
If one commits murder and is never caught or prosecuted is there a crime? The op did not say he has a LTC. The op has been given notice. If he wants to trespass now that he has notice that is his business. Smart thing would be to not break the law and find a more suitable church.Without a successful prosecution there is no crime; morally speaking, the code provides very clear guidance on the expectations for the license holder.
If there is a successful prosecution, 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) and subsequently failed to depart.
If one commits murder and is never caught or prosecuted is there a crime? The op did not say he has a LTC. The op has been given notice. If he wants to trespass now that he has notice that is his business. Smart thing would be to not break the law and find a more suitable church.
Commie pastor?
If one commits murder and is never caught or prosecuted is there a crime?
Sec. 2.01. PROOF BEYOND A REASONABLE DOUBT. All persons are presumed to be innocent and no person may be convicted of an offense unless each element of the offense is proved beyond a reasonable doubt…
Sec. 2.03. DEFENSE. (a) A defense to prosecution for an offense in this code is so labeled by the phrase: "It is a defense to prosecution . . . ."
(d) If the issue of the existence of a defense is submitted to the jury, the court shall charge that a reasonable doubt on the issue requires that the defendant be acquitted.
… The op did not say he has a LTC. The op has been given notice. If he wants to trespass now that he has notice that is his business. Smart thing would be to not break the law and find a more suitable church.
I disagree.The op said he read it in the bulletin. He has been given effective notice.
Though I support education on all things for everyone, this is unfortunately true. I remember a time when I tried to educate businesses. Now I look back and realize I was being seriously stupid. I don't initiate those conversations anymore. I'm not saying anyone who does is wrong, just that I'm no longer among those folks.Once sensitized to the issue, an anti-LTC pastor is likely to now post the correct signage too, removing all doubt for LTC holders.