Posted on Nov 12, 2015
Should a business be allowed to not let people into their store/restaurant if they are carrying a weapon?
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http://www.ksat.com/news/watch-how-mom-and-pop-shops-can-follow-states-open-carry-law
Texas has passed the Open Carry Law.
Should Restaurant owners, store owners or any business owners be allowed to ask anyone entering their place of business to leave their weapon in their vehicle, or otherwise don't come in?
I personally don't like it....but I know many on RP will disagree.
What do you say?
Texas has passed the Open Carry Law.
Should Restaurant owners, store owners or any business owners be allowed to ask anyone entering their place of business to leave their weapon in their vehicle, or otherwise don't come in?
I personally don't like it....but I know many on RP will disagree.
What do you say?
Posted 10 y ago
Responses: 35
Sgt Kelli Mays The law of the land dictates that weapons may be open carried in public. However, when entering a business it can be argued that a person is entering a "private" area. Just as I would have the right to ask you not to carry in my home, so a business owner has the right to dictate that guns will not be carried in his/her establishment.
I am not familiar with the laws of Texas, but in Alaska, where concealed carry is legal without a permit, there are still no carry zones. Places of worship, banks, the post office, Military facilities and, theaters are all exceptions from the concealed carry, and of open carry laws.
If you can't walk from your car to a business that does not allow guns to be carried, and back again, without carrying a gun, then maybe you are in the wrong part of town.
I am not familiar with the laws of Texas, but in Alaska, where concealed carry is legal without a permit, there are still no carry zones. Places of worship, banks, the post office, Military facilities and, theaters are all exceptions from the concealed carry, and of open carry laws.
If you can't walk from your car to a business that does not allow guns to be carried, and back again, without carrying a gun, then maybe you are in the wrong part of town.
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PFC (Join to see)
Sorry but there is no argument over weather a business is private area. Very simply, it IS private.
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People and businesses are free to announce to armed criminals that they can expect no resistance whatsoever...
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I am a licensed concealed carrier, in the state of ky. In our class we were told that all that they could do is ask you to leave if someone noticed your carry weapon. I have a right to personal protection. As long as I have not upholstered my weapon no one has a right greater than that right. Even if someone is afraid of my weapon their fear by no means trumps my right to protect my own life or the lives of those around me.
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I do hope that everyone understands that this discussion only applies to law abiding citizens. Criminals and nut cases pay no attention to laws or signs. You can make the rest of the people defenseless but cannot keep bad guys from having a gun short of strip searching everyone entering the property and even you might not catch them all. Bad guys just don't obey the law.
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Private property, you can refuse entry to anyone for any reason or no reason; except law enforcement with a warrant.
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SGT, I feel that the owner of a restaurant or store should be allowed to ban firearms. The space is privately owned, so they have that right as long as they display the sign in a prominent place and enforce the rule consistently among all patrons.
I probably wouldn't patronize a gun-free restaurant myself, though. Gun-free zones only serve to keep the good guys from protecting themselves and others, while the criminals remain armed.
I probably wouldn't patronize a gun-free restaurant myself, though. Gun-free zones only serve to keep the good guys from protecting themselves and others, while the criminals remain armed.
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In Texas, the laws for carry conceal are pretty clear. Any business/building not excluded by federal or state laws has to have specific signage at the entrances of the building to prevent entry. The little signs that do not comply with TEXAS PENAL CODE ANN. § 30.06 are not a valid for CHL holders.
(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"; or
(B) a sign posted on the property that:
(i) includes the language described by Paragraph (A) in both English and Spanish;
(ii) appears in contrasting colors with block letters at least one inch in height; and
(iii) is displayed in a conspicuous manner clearly visible to the public.
http://codes.lp.findlaw.com/txstatutes/PE/7/30/30.06
(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"; or
(B) a sign posted on the property that:
(i) includes the language described by Paragraph (A) in both English and Spanish;
(ii) appears in contrasting colors with block letters at least one inch in height; and
(iii) is displayed in a conspicuous manner clearly visible to the public.
http://codes.lp.findlaw.com/txstatutes/PE/7/30/30.06
TEX PE. CODE ANN. § 30.06 : Texas Statutes - Section 30.06: TRESPASS BY HOLDER OF LICENSE TO...
FindLaw provides TEX PE. CODE ANN. § 30.06 : Texas Statutes - Section 30.06: TRESPASS BY HOLDER OF LICENSE TO CARRY CONCEALED HANDGUN for Lawyers, Law Students, etc.
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Cpl (Join to see)
Addendum: I'm sure the law will change slightly with the passage of Open Carry. However, I'm sure a lot of TX businesses will feel a pinch if they prohibit carrying in their establishments.
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Well I personally WILL NOT go to a establishment that will not allow me to carry my weapon CONCEALED or OPEN. I understand the reasons behind the places that you can't carry at all. But here is another question for the gun basheres. How do you know that I am not carrying concealed any how. If it is concealed and you don't have up the 30-06 sign and I am not showing or brandishing my weapon, how do you not know that I am carrying to begin with! They will lose a lot of business and will take the signs down and welcome them after words. I won't say where I go to church for obvious reasons, but I wouldn't try coming into my church and try and shoot the place up. You WILL be carried out! all I am saying.
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Private businesses may post signs to indicate entry on the property with a handgun by a license holder is forbidden.
Penal Code Section 30.06 provides the language to be included on signs to indicate license holders are forbidden to carry concealed.
Penal Code Section 30.07 provides the language to be included on signs to indicate license holders are forbidden to open carry.
Posting of both signs is an indication by the business that license holders are forbidden to carry concealed or openly.
Penal Code Section 30.06 provides the language to be included on signs to indicate license holders are forbidden to carry concealed.
Penal Code Section 30.07 provides the language to be included on signs to indicate license holders are forbidden to open carry.
Posting of both signs is an indication by the business that license holders are forbidden to carry concealed or openly.
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1LT (Join to see)
Its the law. Yes they should have the right. Its their establishment. There are plenty of places to eat. And lastly, it seems like only the very very attention starved special people in our country would ever feel the need to open carry in public, good job giving away your element of surprise. If i ever rob a place i know exactly who im gonna shoot first.
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SGT Bryon Sergent
Thank you sir was versed on the 30-07. Guess I will take a refresher course for the new conceal and open carry here.
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1LT (Join to see)
Roger i only know because i spent 8 hours yesterday looking at gun laws trying to figure out how i can bring by AR-15 and brand new FNH Scar 16S to California with me. Unless i can convince the base commander for Camp Pendleton to state in a letter to the CADOJ that i require my POW's for "bona fide" military function (dont laugh we all know how ridiculous that is) IOT to get a MAWP i will have to leave with family......hold real quick while i just shoot a USMC 2 Star a quick memo for his signature hahhaahah
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Guns don't kill people, People kill people, so if the guns are allowed into undisciplined peoples hand, we going to turn back into the wild wild west!
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