TexasCHLforum.com

thetexan wrote: ↑Mon Jun 22, 2020 8:23 pm We had this very discussion a few years ago.

Costco enters into a contractural agreement with its members concerning the conditions of membership which you as a member agree to. Since it is a private company the entrance onto which is based on membership they can restrict membership by contract. Failure to follow the contractural entrance requirements allows them to withhold membership.

But let’s explore this a little. Let’s say you carry, they find out, and remove you from their list of persons they give consent to enter to. Now what do you have. At that point your relationship with Costco is one of a private person wanting to gain entrance onto private property. They have a right under 30.05 and the sovereignty doctrine ( which states that an owner can withhold consent for any reason or no reason at, as long as it does not involve one of the nine protected classes) to say no, you can’t come in. ostensibly because you are not a member. Ok fine.

They have that right except when the sole reason for withholding consent is for entrance onto the property with a handgun. 30.05(f)

(f) It is a defense to prosecution under this section that:
(1) the basis on which entry on the property or land or in the building was forbidden is that entry with a handgun was forbidden; and
(2) the person was carrying:
(A) a license issued under Subchapter H, Chapter 411,
Government Code, to carry a handgun; and
(B) a handgun:
(i) in a concealed manner; or (ii) in a shoulder or belt holster.

So under this theory...if you are a member and carry you violate a membership policy which can result in losing your membership. If you lose you membership and are thus prohibited from entering because you are no longer a member, where but for the sole reason of carrying a legally authorized gun, you otherwise meet all other membership conditions ( as evidenced by the fact that just 10 minutes ago you were a member in good standing) then you are being prohibited from entering onto a private property for the sole reason of carting a legally carried gun.

Under this theory it seems they must then notify you under .06 or .07.

So on the one hand a voluntary agreement by you and your integrity in keeping your word is what stops you from carry. On the other hand, once having been stripped from being a member they can’t restrict any LTC from entering based solely on them carting a gun.

This may be a wild analysis but it seems proper.

Tex

srothstein wrote: ↑Tue Apr 07, 2020 9:30 am

ScottDLS wrote: ↑Mon Apr 06, 2020 3:55 pm

srothstein wrote: ...We have a law right now that says it is illegal for any business to discriminate (as in bar entry) to any police officer just because he is armed....

Is this new for 2019? What are the sanctions on a private business for violating this statute? And what is the statute?

https://statutes.capitol.texas.gov/Docs ... htm#2.1305 is the law. It was passed in 2017 and modified in 2019. Civil penalty of $1,000 per violation but I don't know if anyone has filed it yet.

srothstein wrote: ...We have a law right now that says it is illegal for any business to discriminate (as in bar entry) to any police officer just because he is armed....

SigM4 wrote: ↑Thu Apr 02, 2020 7:58 pm

OldCannon wrote: ↑Thu Apr 02, 2020 7:09 pm
Also - don't carry in Costco, your membership agreement is a signed pledge that you won't (as others have pointed out).

Nope, it’s not a pledge; their policy states:

Costco policy prohibits firearms to be brought into the warehouse, except in the case of authorized law enforcement officers.

Since this does not conform to the requirements outlined by the State of Texas to meet effective notice it means absolutely nothing to those with an LTC. Might as well say all patrons must wear pink undies, unless they’re going to stop everyone at the door to check (either for pink undies or a gun) it’s just word with no teeth.