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by stevie_d_64
Thu Nov 08, 2007 8:44 pm
Forum: General Texas CHL Discussion
Topic: prosecution over impromper 30.06 postings
Replies: 80
Views: 10754

txinvestigator wrote:
stevie_d_64 wrote:
GrillKing wrote:
boomerang wrote:A gunbuster sign has the same meaning for me as it does for a Texas Peace Officer.

Does a Texas Peace Officer violate the rights of a business owner if, while armed, he walks past a gunbuster sticker on a restaurant door to eat lunch?
Doesn't apply to a peace officer, from PC30.05:

(g) This section does not apply if:
(1) the basis on which entry on the property or land or
in the building was forbidden is that entry with a handgun or other
weapon was forbidden; and
(2) the actor at the time of the offense was a peace
officer, including a commissioned peace officer of a recognized
state, or a special investigator under Article 2.122, Code of
Criminal Procedure, regardless of whether the peace officer or
special investigator was engaged in the actual discharge of an
official duty while carrying the weapon."

I wonder if it was ever required for a commissioned peace officer in this state to disarm before going in to eat at a business that restricts the carrying of a firearm in their "private" establishment...

I do not see "lunch" as "official duty"...



Uhhm Steve, the law reads, "REGARDLESS of whether the peace officer or
special investigator was engaged in the actual discharge of an
official duty while carrying the weapon" That means off duty is included in the "does not apply". ;)
Umm yeah, I saw that...That word certainly does get in the way doesn't it...

But like some here have responded...

To me it sure would be a sad day if there was a business that decided to not serve even a police officer because of it...

That would be a business I would go out of my way to avoid, and make sure I knew everyone I ever talk to that wanted to go there, knows as well...

TXI, ever wonder why there never really seems to be a middle ground anywhere near this part of the issue??? Not that a middle ground would be good for anyone concerned...But the battle sure does rage, doesn't it??? ;-)
by stevie_d_64
Thu Nov 08, 2007 8:21 pm
Forum: General Texas CHL Discussion
Topic: prosecution over impromper 30.06 postings
Replies: 80
Views: 10754

GrillKing wrote:
boomerang wrote:A gunbuster sign has the same meaning for me as it does for a Texas Peace Officer.

Does a Texas Peace Officer violate the rights of a business owner if, while armed, he walks past a gunbuster sticker on a restaurant door to eat lunch?
Doesn't apply to a peace officer, from PC30.05:

(g) This section does not apply if:
(1) the basis on which entry on the property or land or
in the building was forbidden is that entry with a handgun or other
weapon was forbidden; and
(2) the actor at the time of the offense was a peace
officer, including a commissioned peace officer of a recognized
state, or a special investigator under Article 2.122, Code of
Criminal Procedure, regardless of whether the peace officer or
special investigator was engaged in the actual discharge of an
official duty while carrying the weapon.
I wonder if it was ever required for a commissioned peace officer in this state to disarm before going in to eat at a business that restricts the carrying of a firearm in their "private" establishment...

I do not see "lunch" as "official duty"...

We are required to do so if "we" choose to continue patronizing a business or other facility that does restrict...

I seriously doubt this could ever come to pass...And as a matter of fact I would not support any legislative action like this...

But in the broader sense, I do not see any difference in the "reasons or manner" in which a person (civilian) chooses to carry a firearm for lawful purposes, and a commissioned law enforcement officer in this state in carrying one as well...

One does it because they choose to do so, and the other does it because...Hmmmm...Man, I just stumped myself...

But I do not wish to insult anyone, its just that this whole part of the argument has stuck in my craw for a very long time, and there doesn't seem to be a very clear resolution to the disparity of these conditions...

Oh, I do have an idea how to solve it, but one side of the equation will never go for it...Like the whole employer parking lot debate last session...

Look who fights it and barely wins, and look who wanted it and lost...

Sometimes there is this thing called a brick wall, and you can beat yer head against it, but all thats going to happen is you get a headache...

We might get lucky, but there will always be opposition to everything we promote and fight for...

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