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by Archery1
Thu Jan 07, 2016 11:12 pm
Forum: General Texas CHL Discussion
Topic: walmart asking for chl
Replies: 244
Views: 57596

Re: walmart asking for chl

Keith B wrote:I believe the 'well, we have to make sure the person is legal' is a cop-out. Since open carry is legal, even though it requires a license, then no one should have reasonable suspicion that the individual is illegally openly carrying a handgun. If there is probable cause to indicate the person may not be legal, then they can ask the person to leave, OR, they can call the police and advise why they feel this person needs to be checked out. TABC needs to accept that a licensee shouldn't have to confront someone who is more than likely legally carrying openly.
This sounds reasonable enough. The open gun should speak for itself unless they felt they are also obligated to ask everyone to lift and show they are not CC also. If they feel it's their obligation to only allow legal guns in, then CC is also a gun. I guess they hang their reasoning on the knowing there is a gun part of it.
by Archery1
Thu Jan 07, 2016 9:53 pm
Forum: General Texas CHL Discussion
Topic: walmart asking for chl
Replies: 244
Views: 57596

Re: walmart asking for chl

:thumbs2:
warnmar10 wrote:
mojo84 wrote:Why do you think they do not have a right to ask? The government makes them liable if someone openly carries a gun without a license. Do you not think there are certain terms and conditions under which you enter their property?

By the way, just to illustrate they do have a right to ask, can I see a copy of your LTC? What is your shoe size? What is the name of your first girlfriend? What is your home phone number?

See, I have a right to ask you anything. You have the right to answer or not. In the case of Wal-Mart and you don't show your LTC, they have the right to ask you to leave. Pretty simple really.
Is it the case that the holder of a liquor license is obligated to ask an open carrier to see his LTC? I asked earlier and I think my question was buried. I get that "the store" can ask for whatever reason but are they obliged to? What happens to the liquor license holder if they don't ID open carriers?
I would assume that nothing happens if they don't ask, assuming the TABC exemption for CC carried over to OC. IOW, it's not against the law. CC, they just had no way of knowing there was a gun in the store. Once they know, they can either assume it's legal and take their chance that it is or determine it's legal. They have no legal obligation, just risk.

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