Lifetime Fitness and Open Carry

[atxscubasteve]

I currently have a membership to Lifetime Fitness here in South Austin. I have been a member since 2008; however, I have only had my CHL since 2013 but have been successfully carrying everywhere I am legally able to besides Lifetime, obviously. However, I have a question for those smarter than me, and a real explanation would be fantastic as well as sound advice.

Lifetime Fitness bans all weapons and guns from its property. At this gym in particular, they have the "Lifetime Fitness Bans Guns on These Premises" sign on the door as well as proper, and to code, 30.06 signage. Under the contract, I believe I signed something that agrees to the terms and conditions, one of which, is that lifetime bans guns and prohibits weapons...(i'm not sure the exact wordage), but I know the wordage is not the 30.06 language as it states here, " With incorrect language in that card, it doesn't have merit under Texas law.

“Written communication” means:
(A) a card or other document on which is written language identical
to the following: “Pursuant to Section 30.06, Penal Code (trespass by
holder of license to carry a concealed handgun), a person licensed under
Subchapter H, Chapter 411, Government Code (concealed handgun
law), may not enter this property with a concealed handgun”

Obviously, I can't enter with that correct signage up; however, come January 1st, 2016 the signage must be

"Pursuant to Section 30.06, Penal Code (trespass by license holder with [of license to carry] a concealed handgun), a person licensed under Subchapter H, Chapter 411, Government Code ([concealed] handgun licensing law), may not enter this property with a concealed handgun"

The signage has now changed, and according to the law, would it would now be legal to carry concealed because the sign would be invalid? The intention is there, but the sign is not to code. Also, Am i still covered legally because their actual contract doesn't have written those exact words? I understand too that if the owner or someone with apparent authority to act for the owner provides me oral notice, then I must leave as well.

After all this, if Lifetime doesn't put up a 30.07 sign, can I then open carry legally until someone tells me that I cant? Are they allowed to terminate my contract as well?

[Taypo]

Your location may operate differently, but the management at my Lifetime is very much aware of the laws coming into effect on Jan 1. I spoke with them about my displeasure with 30.06 and they were very polite, professional and firm about their corporate standpoint. Which is no guns, no way, not ever. They have every intention of updating their signs and are undecided about posting a 30.07, based on the fact they have someone working the door to scan membership cards that can ask carriers to lock it in the car.

I neither agree nor disagree, just summarizing my experience.

[atxscubasteve]

I guess I probably wouldn't have any luck going in open carrying. The guy at the front desk would just say that the gun isn't allowed and I would have to turn around and go back. However, if they don't update their 30.06 sign, I could technically go in CHLing because their contract neither legally bans me under, nor their invalid 30.06 sign. I guess I will just have to wait and see what happens when I walk in January 1st after my new years resolutions to lose weight and hit the gym.

[Taypo]

I guess I probably wouldn't have any luck going in open carrying. The guy at the front desk would just say that the gun isn't allowed and I would have to turn around and go back. However, if they don't update their 30.06 sign, I could technically go in CHLing because their contract neither legally bans me under, nor their invalid 30.06 sign. I guess I will just have to wait and see what happens when I walk in January 1st after my new years resolutions to lose weight and hit the gym.

Yep, I'm sure you probably could avoid charges/ticket if they don't update the sign. Not sure if your locker room is anything like mine, but I'd have a hard time disarming discretely in there.

Personally, I love the gym and I'd rather not risk a confrontation. So I lock it up before I go in and will continue to, regardless of signage.

[JALLEN]

I believe Costco, a private membership warehouse, has in their membership agreement their no gun policy. I've been a member of Costco and its predecessor Price Club for nearly 40 years and don't recall the agreement, but it is probably updated periodically.

Anyway, if you are seen carrying, you will be asked to leave. If you complain that they don't have the proper sign, (I've not seen one ever) you will be escorted to Membership Services, your membership fee for the year refunded and your card voided. No problem.

[SC1903A3]

I'm a member of LA Fitness which has no signs. I don't use the lockers to store my clothes or anything else. I go into a restroom stall and put my significant other in my gym bag. I then change putting my street clothes in my gym bag and ALWAYS keep it by my side when I work out. Easy Peasy.

[The Wall]

If it's in their contract or written policy that you signed it's the same as them telling you. As far as you're concerned they don't need any signs because you agreed to their policy in writing. The signs would be for those entering without a contract or signed policy. At least that's how I see it. I've said this before, I don't care what kind of sign someone has. If they don't want guns on their private property I don't carry or I don't go in. It's that simple. IMHO The place not having legal signs would only protect you if you had to use your gun or if your gun is exposed while on their property. It doesn't mean it's okay to carry on their property when you know they don't want you to.

[Jumping Frog]

Personally, I love the gym and I'd rather not risk a confrontation. So I lock it up before I go in and will continue to, regardless of signage.

I don't see how I could handle disarming and rearming in the men's locker room at my LT Fitness anyway. Going into a bathroom stall doesn't help when I take a shower.

[Greybeard]

Open Carry into a gym like that looks like a great way to advertise "Gun for steal."

[ScottDLS]

If it's in their contract or written policy that you signed it's the same as them telling you. As far as you're concerned they don't need any signs because you agreed to their policy in writing. The signs would be for those entering without a contract or signed policy. At least that's how I see it. I've said this before, I don't care what kind of sign someone has. If they don't want guns on their private property I don't carry or I don't go in. It's that simple. IMHO The place not having legal signs would only protect you if you had to use your gun or if your gun is exposed while on their property. It doesn't mean it's okay to carry on their property when you know they don't want you to.

It's not the same as a 30.06 written notice for criminal prosecution. If they don't notify IAW 30.06 or 30.07 (for open carry) then you can't be prosecuted for a crime. If they really don't want guns on their private property, they could take the time to put the proper notice in their contract and post. I'm not a member of Costco, but if I was I'd carry if I felt like it. I'm no longer a member of Lifetime partly because they DID take the proper measures to prevent carry by non-LEO's and posted IAW 30.06. The law is clea,r and I have no respect for a policy that a company doesn't even have enough interest in to properly post.

[nightmare69]

I leave my gun in my vehicle when at the gym. I don't trust the lockers and don't want to carry around a gym bag everywhere I go while working out. I would be afraid inwould forget it also. I don't see a way I could carry on my person practically while lifting and running also.

[Abraham]

Don't OC when you KNOW your current gym won't allow it.

Find a new gym and quit agonizing.

[Vol Texan]

I go to my gym for one reason...to swim laps. Hard to OC or CC in that situation.

But yes, I go well before dawn, and I carry into the gym. I remove it in the locker room, and secure it inside my bag, inside the locker.

My gym has a no guns policy, but they simply state that policy in their agreement. Therefore, I've not been informed properly. It has to be 30,06 language, even in the membership agreement, or else it is not valid for us.

But seriously...if they post, don't carry. If it's important enough to you, then pick another gym.

[Abraham]

Vol Texan,

Recently, on another site I visit, a couple of different guys had their pistols stolen from LOCKED gym lockers.

You may want to reconsider using a gym locker for your "precious".

[Vol Texan]

Vol Texan,

Recently, on another site I visit, a couple of different guys had their pistols stolen from LOCKED gym lockers.

You may want to reconsider using a gym locker for your "precious".

Abraham,

Thanks for the comment, and I've thought about that as well recently. I may have to reconsider.