TexasCHLforum.com

puma guy wrote:

JP171 wrote:

C-dub wrote:Okay legal eagles and LEOs. A LEO has the right to disarm us, but is this manner within their rights? If not, how does this not fall into the category of assault? Is it just because it was a LEO? If so, that doesn't seem right.

I kinda agree with you but, as the officer understood the law(no matter how wrong) it is illegal to bring a firearm into a liquor store under the 51%provision he was acting within the color of his authority(again no matter how wrong he was) he it seems possibly chose a different route than arresting and charging the OP by removing the weapon from the OP and the store. Yes his training is apparently substandard or he ignored it and is willfully ignorant and negligent but if he had chosen to call the local PD it would have been more of a pain as well if the local pd agreed with him.

While it is illegal to carry an unlicensed handgun into a liquor store, but it is not illegal to carry if one is LTC - openly or concealed.


From TABC


Off-Premise Retail Establishment

Four signs are required to be posted at an off-premise retail establishment such as a convenience store or grocery store.
•Weapons Warning Sign: It is unlawful to carry a weapon on the premises unless the person is licensed to carry the weapon under the concealed handgun law.
•Consumption Warning Sign: It is a crime (misdemeanor) to consume liquor or beer on these premises.
•Public Information/Complaint Sign - If you have a complaint about the sale or service of alcoholic beverages in this establishment, please contact the Texas Alcoholic Beverage Commission, PO Box 13127, Austin, Texas 78711-3127, or phone 1-888-THE-TABC.
•National Human Trafficking Hotline Number (English and Spanish) - WARNING: Obtaining forced labor or services is a crime under Texas law. Call the national human trafficking hotline: 1-888-373-7888. You may remain anonymous.

The 51% sign pertains to on premises consumption establishments.

On-Premise Retail Establishment

Four signs are required to be posted at an on-premise retail establishment such as a bar or restaurant.
•Weapons Warning Sign - If alcohol sales constitute less than half of gross receipts, the required sign says: "It is unlawful to carry a weapon on the premises unless the person is licensed to carry the weapon under the concealed handgun law." If alcohol sales constitute more than half of gross receipts, the signs have 51% in large red letters superimposed over the warning which notes that possession of a concealed weapon on the premises is a felony.
•Public Information/Complaint Sign - If you have a complaint about the sale or service of alcoholic beverages in this establishment, please contact the Texas Alcoholic Beverage Commission, PO Box 13127, Austin, Texas 78711-3127, or phone 1-888-THE-TABC.
•National Human Trafficking Hotline Number (English and Spanish) - WARNING: Obtaining forced labor or services is a crime under Texas law. Call the national human trafficking hotline: 1-888-373-7888. You may remain anonymous. (Restaurants that hold a Food and Beverage Certificate are exempt from this requirement.)
•Health Risk Warning Sign: Warning of the dangers associated with drinking alcoholic beverages during pregnancy. Visit our Fetal Alcohol Spectrum Disorders page for more information.



https://www.tabc.state.tx.us/laws/sign_requirements.asp

C-dub wrote:Okay legal eagles and LEOs. A LEO has the right to disarm us, but is this manner within their rights? If not, how does this not fall into the category of assault? Is it just because it was a LEO? If so, that doesn't seem right.

jed wrote:

parabelum wrote:I'm glad that you and the officer walked away without physical harm. Very volatile situation.

The greatest power LEO has is the power of discretion. Based on your side of the story, the discretion by the officer to remove your weapon was utterly over the top.
If he thought you posed danger, he would have had his out long before he even approached you.
So, he didn't feel threatened based on his actions. It was just a power play that could have gotten out of control quickly.

My thinking is this guy is on a power trip. If he does not have enough sense or training not to disarm a citizen in this manner he totally has NO business wearing a badge, on or off duty. And being off duty working private security, outside of his county of jurisdiction, seems OP has some legal options. I would sue just to get the badge off his chest. This guy is a liability to the county, his off duty private security employer and citizens in general. He has no business being an LEO and needs to be a walmart associate. All of this, of course, is my opinion.