TexasCHLforum.com

mojo84 wrote: I agree with what you are saying. There is a difference between apparent authority to notify someone of the owner's gun policy and making that policy.

SoConfused wrote:

mojo84 wrote:

SoConfused wrote:
However, he's perfectly within his legal rights to carry concealed there without a license.

I think you are confused. It is not perfectly legal to do so since the owner of the property and business has advised the employees there is a no guns policy.

However, I would be interested in your reasoning or logic. I wouldn't claim his being an employee of the owner gives him the right. That won't fly.

Ha! I like what you did there.

I believe the waiter was legally carrying on premises under his control. This is evidenced by the fact that any employee has apparent authority to ask someone with an LTC to leave.

There's also the common practice of giving waiters a section of the premises in which to work that are then under their control.

We'll see if he's charged, but if he does get a charge of unlawful carrying of weapons, he'll only be convicted by not having enough money for a quality defense that can twist the definition of "premises" and "control" into what he needs them to be. That would be very bad for him since there's alcohol served there, bumping it up to a Felony.

SAPD spokesman Douglas Greene said the department is looking for both the employee and the patron. The customer may face an assault charge — depending on if the employee wants to press charges. The waiter may face a charge of unlawful carry of a weapon, Greene said.