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by ELB
Wed May 25, 2016 12:52 pm
Forum: General Texas CHL Discussion
Topic: Son had a weird encounter at Walmart
Replies: 68
Views: 14465

Re: Son had a weird encounter at Walmart

aCoffeejunky wrote:
Outnumbered wrote:
oohrah wrote:
aCoffeejunky wrote:Ok, I don't mean to sound argumentative or stupid buy any means but then what is the point of having legal notices denying entry if all that is required to make it an illegal action is to have an employee say "you can't carry in here" even IF company policy states it is acceptable with LTC verification?
That's the way law says it.
Not only does the law say it, but the penalties are worse. If you miss a sign and walk past it, it's a class C, but if you are told orally to leave and refuse it bumps up to a class A.
I wouldn't continue into a business after someone tells me I can't carry, I'd most likely leave and not shop there again LOL But I think it's frustrating that an employee can verbally say no even if company policy is different. I really didn't know this could/can happen, I always thought to look for the notices and that was it.
If you think about it, it would be little odd if a business owner could NOT tell you verbally to not carry, but had to use a sign to do so.

In the beginning (1995) of licensed carry in Texas, there was no official sign, owners/proprietors etc could either tell you face to face or stick up any old gunbusters sign, including a little tiny one buried in among all the other advertisements. That put a CHL holder at considerable legal jeopardy if he didn't see the sign. I forget which year it was, but later on the Legislature established detailed requirements for a sign that was big enough, in two languages to be hard to miss.

With concealed carry nobody knows, so they don't even have to think about it, and they're not likely to give you verbal notice. Open carry forces them to make a decision, and it gives some folks heebie-jeebies.

In the case of the Walmart security guard, I'm pretty sure he was not enforcing Walmart policy, just his own preconceptions about the way things ought to be, but an argument at that point would not have been helpful. Calling or writing the store manager might do some good.
by ELB
Wed May 25, 2016 11:28 am
Forum: General Texas CHL Discussion
Topic: Son had a weird encounter at Walmart
Replies: 68
Views: 14465

Re: Son had a weird encounter at Walmart

Whatever Walmart's policy is, if someone with the apparent authority of the owner tells you you can't carry in a business, then you can't legally carry. You might be able to call the manager later and get it sorted out, but when you're at the point of entry and the security guard says no, then I think legally you need to leave.
Sec. 30.06. TRESPASS BY LICENSE HOLDER WITH A CONCEALED HANDGUN. (a) A license holder commits an offense if the license holder:

91) carries a concealed handgun under the authority of Subchapter H, Chapter 411, Government Code, on property of another without effective consent; and

(2) received notice that entry on the property by a license holder with a concealed handgun was forbidden.

(b) For purposes of this section, a person receives notice if the owner of the property or someone with apparent authority to act for the owner provides notice to the person by oral or written communication.
Sec. 30.07. TRESPASS BY LICENSE HOLDER WITH AN OPENLY CARRIED HANDGUN. (a) A license holder commits an offense if the license holder:

(1) openly carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, on property of another without effective consent; and

(2) received notice that entry on the property by a license holder openly carrying a handgun was forbidden.

(b) For purposes of this section, a person receives notice if the owner of the property or someone with apparent authority to act for the owner provides notice to the person by oral or written communication.

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