IANAL... but if I would be curious if lawsuit against a business where an incident happened in a 30.06 posted business could be successfully sued under something similar to the Attractive Nuisance Doctrine. Gun free zones are an enticement for criminal activity.
Ron
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Return to “Repeal the 30.06 law”
- Fri May 23, 2014 3:25 pm
- Forum: General Texas CHL Discussion
- Topic: Repeal the 30.06 law
- Replies: 136
- Views: 30808
- Fri May 23, 2014 1:41 am
- Forum: General Texas CHL Discussion
- Topic: Repeal the 30.06 law
- Replies: 136
- Views: 30808
Re: Repeal the 30.06 law
I am a strong advocate of private property rights and do not want to do anything that would weaken those rights. Though it's not my first choice, I would back changing the penalty to a Class C as a first step with the hope that 30.06 eventually would be a civil violation like Red Light Cameras. But I am one of those in the minority that believes if your commercial property is open to the public, the state should not be involved in criminalizing someone else's constitutional right unless you refused to leave their property upon request. In other words, trespass only occurs if you refuse to leave when asked.
I will admit though, the antics of OCT has made me wonder if they haven't destroyed any possibility of making meaningful progress in reducing the places where CHL is off limits by statute and fixing things like 51% signs in a venue where clearly they don't meet 51% of their sales in alcohol, but a vendor they hired does.
Ron
I will admit though, the antics of OCT has made me wonder if they haven't destroyed any possibility of making meaningful progress in reducing the places where CHL is off limits by statute and fixing things like 51% signs in a venue where clearly they don't meet 51% of their sales in alcohol, but a vendor they hired does.
Ron