Search found 3 matches
- Sun Feb 15, 2015 2:48 pm
- Forum: General Texas CHL Discussion
- Topic: Rethinking 30.06
- Replies: 106
- Views: 13229
Re: Rethinking 30.06
The difference between prohibitions in the Civil Rights Act and requirements in the ADA vs trespass by a person carrying a concealed handgun is that the CRA and ADA are concerned with providing access by segments of the public. TPC 30.06 and businesses posting as such are not prohibiting anyone from accessing their property. They are prohibiting an action. I as a concealed carrier and as a firearms owner can walk past a 30.06 sign without any problem as long as I don't engage in the activity that has been prohibited. The same scenario would apply to a mall that prohibits the handing out of flyers - they can bar LULAC, NAACP, JDL, etc from handing out flyers and would not be guilty of discrimination because it's the activity and not the people that are being categorically denied.
- Sat Feb 14, 2015 3:11 pm
- Forum: General Texas CHL Discussion
- Topic: Rethinking 30.06
- Replies: 106
- Views: 13229
Re: Rethinking 30.06
At that point the police would ask the person leave. If they don't, the police can effect the arrest - and probably with a lot more penalty than just 30.06.K5GU wrote:While not wanting to get into the issue of posting 'legal' advice and what-not, Charles, pls correct me if wrong, but isn't the 30.06 statute an augmentation to 30.05 (Trespassing, etc.) for the purposes of registering notice to customers carrying a handgun under the CHL law?
Let's say I have a retail store in Texas and I (or my franchise owners) don't want customers who are hiding their guns to be in my store. Under current Texas law, I'm required to give them verbal or written notice to vacate...Okay, I don't have my sign up yet, but I ask a customer who I think is carrying a hidden gun to leave. The customer refuses. I call the police. They find the hidden gun, but the customer says, "I was never notified..." What happens then if I can't prove that I notified the customer verbally without a witness to back me up? My word against the customer, right? But if I post the sign, then that 'registers' my notice.
- Sat Feb 14, 2015 3:08 pm
- Forum: General Texas CHL Discussion
- Topic: Rethinking 30.06
- Replies: 106
- Views: 13229
Re: Rethinking 30.06
As far as I can tell, the legislators look at this question as a behavior issue. A restaurant is allowed to enforce a dress code. A store can ask unruly customers to leave. A mall can enforce a policy of no soliciting or distribution of literature. And businesses can prohibit the concealed carry of firearms as a matter of conduct.
Do I like having to disarm before going into somewhere? No, I don't. If I can I'll weigh my other options. All that being said, I would like to see the 30.06 penalty reduced.
Do I like having to disarm before going into somewhere? No, I don't. If I can I'll weigh my other options. All that being said, I would like to see the 30.06 penalty reduced.