Right, it goes to the reason why you are being tossed. If your presence is ok, and then they find that you have a loaded handgun and a license, and suddenly your presence is no longer welcome... It is pretty hard for them to say that you are being tossed for something else.
I emailed all if this to the FW city attorney back in Sept... No response.
Plus, it's real easy to trick them into admitting that a loaded gun is the reason you are being tossed:
Me: "so, if I take the gun out to the truck, may I re-enter the show?" "
Show Promoter: "Yes."
Me: "Aahaaa".
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Return to “Question on 30.06 posting”
- Mon Aug 29, 2016 2:53 pm
- Forum: General Texas CHL Discussion
- Topic: Question on 30.06 posting
- Replies: 34
- Views: 5625
- Mon Aug 29, 2016 1:31 pm
- Forum: General Texas CHL Discussion
- Topic: Question on 30.06 posting
- Replies: 34
- Views: 5625
Re: Question on 30.06 posting
Here is where it gets really tricky... Texas law makes zero distinction between a loaded firearm and an unloaded one. So, the venue has no legal authority to make you unload your pistol on those premises. Everyone who is carrying around a pistol in a case is concealing a handgun... Some with a license and some without. Is there a problem with you concealing an unloaded handgun? No...
It gets better, the promoter does have the ability to refuse entry to you, and they can revoke your entry for any reason. However, if you refuse to leave... What section of the penal code would be used to remove you? In 99% of cases, PC 30.05 Trespassing is what will be used. However, 30.05 has a specific provision 30.05(f) that says that it cannot be used if someone has a license and is carrying a handgun, again... Load or unloaded does not matter.
So, the promoter calls over the FWPD officers who monitor the gun show... And the promoter says "he has a loaded pistol in here and I want him removed"... Well, they cannot remove or arrest you under 30.05 because the reason for your trespass is that you have a license and a handgun, they cannot use 30.06 (even if posted) because it is on city-owned premises... You are not threatening anyone, you are not being abusive or cussing...
So, what are they going to do? They can't legally do a thing to you. They cannot even CT you from future shows because of the same restriction in 30.05(f).
Seems like fun to me.
It gets better, the promoter does have the ability to refuse entry to you, and they can revoke your entry for any reason. However, if you refuse to leave... What section of the penal code would be used to remove you? In 99% of cases, PC 30.05 Trespassing is what will be used. However, 30.05 has a specific provision 30.05(f) that says that it cannot be used if someone has a license and is carrying a handgun, again... Load or unloaded does not matter.
So, the promoter calls over the FWPD officers who monitor the gun show... And the promoter says "he has a loaded pistol in here and I want him removed"... Well, they cannot remove or arrest you under 30.05 because the reason for your trespass is that you have a license and a handgun, they cannot use 30.06 (even if posted) because it is on city-owned premises... You are not threatening anyone, you are not being abusive or cussing...
So, what are they going to do? They can't legally do a thing to you. They cannot even CT you from future shows because of the same restriction in 30.05(f).
Seems like fun to me.