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by KD5NRH
Mon Oct 30, 2006 4:10 pm
Forum: General Texas CHL Discussion
Topic: Quick question about an event
Replies: 17
Views: 3182

AG-EE wrote:It would seem to me to be quite an abrogation of private property rights for the state to tell a person they cannot allow other people to carry on their property. Besides, if they are an employee, could it not be argued that they are given some amount of "control" over the property during their work hours?
IMO, that's where it would become a legal mess if anyone were ever dragged into court over such a situation; there's no definition of "property under the actor's control" to say whether it must be complete control, or just how much control would be needed to qualify. A LE friend once told me that the rule of thumb he used was that anyone who could give notice of criminal trespass for the property could carry on it. That would seem to make sense as a good baseline for "control," but I'd like to see a test case.

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