Search found 1 match

by srothstein
Tue Jan 18, 2022 11:22 pm
Forum: General Texas CHL Discussion
Topic: This one is a doozy of a question
Replies: 26
Views: 15791

Re: This one is a doozy of a question

RottenApple wrote: Tue Jan 18, 2022 8:39 pm The way I think of it is: What authority am I carrying under?

Example 1: So I have a TX LTC. But I accidently leave it at home when I go to the grocery store. Since I am not carrying my LTC, I am carrying under the authority of Texas's CC law (i.e. - no LTC needed). I then go into a store that is not 30.05 posted, but is 30.06 and 30.07 posted. Because I am not carrying under the authority of my LTC license, neither 30.06 or 30.07 signs affect me at all. Therefore I continue to carry my firearm inside said store.

Example 2: So I have a TX LTC. I have it with me when I go to the grocery store. I walk up to the store and notice that they have both 30.06 and 30.07 signs posted, but no 30.05. I return to my car, place my LTC in the console, and continue into the store as normal since I am no longer carrying under the authority of my LTC. Because I am not carrying under the authority of my LTC license, neither 30.06 or 30.07 signs affect me at all.

Example 3: So I have a TX LTC. I have it on me when I go to the grocery store. I walk up to the store and notice that they have a 30.05 sign, but no 30.06 or 30.07. I continue past the sign and carry in the store because I am carrying under the authority of my LTC and therefore the 30.05 sign has no effect on me.

Example 4: So I have a TX LTC. I have it on me when I go to the grocery store. I walk up to the store and notice that they have 30.05, 30.06, and 30.07 signs. I turn around and go to another store.

Just my $0.02 worth.
While I agree with the principle of deciding what the authority is for your carry, I think you are misapplying that authority. The key point to remember is that 30.06 and 30.07 only apply to people who are carrying under the authority of the license. The next important step to remember is that the license is designed as an exception to the law. You are only carrying under the authority of your license if carrying without it would be a violation of the law. This is not whether or not you have the license with you, at least since they removed the penalty for not showing it.

So, if you go to a grocery store and see it is posted with both 30.06 and 30.07 signs but not 30.05, then you can carry in there because it would not be against the law to do so and therefore your license does not apply. If they have only the 30.05 sign, then you can carry in there because your license now applies (the exception in the 30.05 law that makes it not apply to an LTC).

Of course, your step 4 is always correct.

Return to “This one is a doozy of a question”