Constitutional Carry Guide

[howdy]

I just got this guide from [Pre-paid legal service]. I still have questions.

https://cdn.brandfolder.io/5Z10RK5F/at/ ... igital.pdf

There is no mention if the "Unlicensed Possession" blue sign will still be posted at all businesses that sell alcoholic beverages. Will this go away to allow Constitutional carry there? The guide also says the 3006 sign is binding on LTC holder's but not binding on Constitutional carry persons.

[Ruark]

Many businesses out there STILL don't fully understand how the 30.06/30.07 regulations work. Now we have this on top of it; what a mess.

[Paladin]

Good info! Thanks!

[Papa_Tiger]

I just got this guide from [Pre-paid legal service]. I still have questions.

https://cdn.brandfolder.io/5Z10RK5F/at/ ... igital.pdf

There is no mention if the "Unlicensed Possession" blue sign will still be posted at all businesses that sell alcoholic beverages. Will this go away to allow Constitutional carry there? The guide also says the 3006 sign is binding on LTC holder's but not binding on Constitutional carry persons.

The sections of the Alcoholic Beverage Code that required the TABC Blue signs (11.041 and 61.11) were repealed with HB 1927.

30.06 only applies to license holders - the section in the penal code is titled "TRESPASS BY LICENSE HOLDER WITH A CONCEALED HANDGUN"
Same with 30.07.

There is an argument to be made that if a person has an LTC and the business only posts 30.06 but does not post 30.05 or does not provide effective notice, an LTC holder can carry there since it is legal to carry without a license.

If the business posts 30.05, 30.06 and 30.07 signs or provides effective notice then you would not be able to carry there.

[LDB415]

Still way too many red X's on the chart.

[AggieMM]

Great information.

Looking at page 24, when it shows X and CHECKs for different locations, you'll notice that constitutionally carrying beyond a 30.06 and 30.07 sign is allowed. This is one area I'm confused on. As an LTC holder, will I be able to define when and I carrying on the authority of the license, and when I'm carrying on the authority of constitutional carry? How to I define that, by being in possession of the license or not? Like leaving it in the car when I see a 30.06 sign, etc?

[03Lightningrocks]

Thanks for posting this. Easy to understand plain English. My SIL and I were discussing the new constitutional carry law the other day. We both agree with it but talked about the odds of people not knowing all the laws involved in constitutional carry. He said he thinks there will be occasions where people think it is OK to whip out their gun to scare someone away from them who is not posing any real threat of violence. Having an argument with someone is not reason to whip out your gun. I suppose it comes with the territory but I sort of hope there is some kind of campaign by the State to educate people on the laws involved. A big one is something that any LTC class pounds on hard and that is when it is Ok to utilize deadly force. I admit I have some fear of folks utilizing deadly force in the wrong circumstances.

[Flightmare]

Thanks for posting this. Easy to understand plain English. My SIL and I were discussing the new constitutional carry law the other day. We both agree with it but talked about the odds of people not knowing all the laws involved in constitutional carry. He said he thinks there will be occasions where people think it is OK to whip out their gun to scare someone away from them who is not posing any real threat of violence. Having an argument with someone is not reason to whip out your gun. I suppose it comes with the territory but I sort of hope there is some kind of campaign by the State to educate people on the laws involved. A big one is something that any LTC class pounds on hard and that is when it is Ok to utilize deadly force. I admit I have some fear of folks utilizing deadly force in the wrong circumstances.

Haven't seen alot of folks doing that in their cars, and it's been legal to carry in your vehicle without a license for over a decade in Texas.

[howdy]

Thanks for posting this. Easy to understand plain English. My SIL and I were discussing the new constitutional carry law the other day. We both agree with it but talked about the odds of people not knowing all the laws involved in constitutional carry. He said he thinks there will be occasions where people think it is OK to whip out their gun to scare someone away from them who is not posing any real threat of violence. Having an argument with someone is not reason to whip out your gun. I suppose it comes with the territory but I sort of hope there is some kind of campaign by the State to educate people on the laws involved. A big one is something that any LTC class pounds on hard and that is when it is Ok to utilize deadly force. I admit I have some fear of folks utilizing deadly force in the wrong circumstances.

Haven't seen alot of folks doing that in their cars, and it's been legal to carry in your vehicle without a license for over a decade in Texas.

The guide says that you can now carry in your car with one of the magnetic holsters and it does not need to be concealed.

[03Lightningrocks]

Thanks for posting this. Easy to understand plain English. My SIL and I were discussing the new constitutional carry law the other day. We both agree with it but talked about the odds of people not knowing all the laws involved in constitutional carry. He said he thinks there will be occasions where people think it is OK to whip out their gun to scare someone away from them who is not posing any real threat of violence. Having an argument with someone is not reason to whip out your gun. I suppose it comes with the territory but I sort of hope there is some kind of campaign by the State to educate people on the laws involved. A big one is something that any LTC class pounds on hard and that is when it is Ok to utilize deadly force. I admit I have some fear of folks utilizing deadly force in the wrong circumstances.

Haven't seen alot of folks doing that in their cars, and it's been legal to carry in your vehicle without a license for over a decade in Texas.

I hope so but I am not sure comparing having a gun in the car to having one tucked away on your person is the same. We shall see.

[03Lightningrocks]

Thanks for posting this. Easy to understand plain English. My SIL and I were discussing the new constitutional carry law the other day. We both agree with it but talked about the odds of people not knowing all the laws involved in constitutional carry. He said he thinks there will be occasions where people think it is OK to whip out their gun to scare someone away from them who is not posing any real threat of violence. Having an argument with someone is not reason to whip out your gun. I suppose it comes with the territory but I sort of hope there is some kind of campaign by the State to educate people on the laws involved. A big one is something that any LTC class pounds on hard and that is when it is Ok to utilize deadly force. I admit I have some fear of folks utilizing deadly force in the wrong circumstances.

Haven't seen alot of folks doing that in their cars, and it's been legal to carry in your vehicle without a license for over a decade in Texas.

The guide says that you can now carry in your car with one of the magnetic holsters and it does not need to be concealed.

I saw that one. I like it as concealing in the vehicle can make it hard to access. I am planning on buying a magnet holster for my truck.

[LDB415]

I saw that one. I like it as concealing in the vehicle can make it hard to access. I am planning on buying a magnet holster for my truck.

Tru-Spec cargo pants pocket. Readily at hand in pretty much all conditions.

[K.Mooneyham]

Great information.

Looking at page 24, when it shows X and CHECKs for different locations, you'll notice that constitutionally carrying beyond a 30.06 and 30.07 sign is allowed. This is one area I'm confused on. As an LTC holder, will I be able to define when and I carrying on the authority of the license, and when I'm carrying on the authority of constitutional carry? How to I define that, by being in possession of the license or not? Like leaving it in the car when I see a 30.06 sign, etc?

I spoke about something similar on another post regarding the subject. I can envision a couple of scenarios that aren't good. Such as, at some point after the law goes into effect, someone is going to get arrested for walking into a business that's posted ONLY with 30.06/.07, and rightfully claim they are good because there was no 30.05 and they aren't a license holder anyway, but the business owner wants to press charges. OR, a license holder is going to walk into a 30.05-only posted business, someone running that business is going to somehow spot the firearm and call the police, who are going to overzealously arrest the LTCer for trespassing because the business owner will tell the police they posted 30.05 to "keep out people with guns like the law says". The police officer will affect the arrest, telling the LTCer that "they can have their lawyer sort it out at the station", etc, instead of taking a chance on trying to figure it out his or her self. I'm sure there are several other scenarios I haven't thought of, but I just get the feeling that in some places, this will be nothing and in others it will be a real mess that the legislature will have to sort out in a "clean-up bill".

[srothstein]

As an LTC holder, will I be able to define when and I carrying on the authority of the license, and when I'm carrying on the authority of constitutional carry? How to I define that, by being in possession of the license or not? Like leaving it in the car when I see a 30.06 sign, etc?

This is a relatively simple question to answer when the only authority you have is your LTC or the new law. It is not you defining between the two possible authorities, it is the law. The law (P.C. 46.15(b)(6) says that you are carrying under your LTC when you would otherwise be violating section 46.02. It does this by saying 46.02 does not apply when you have the license and are carrying a handgun on or about your person. If you behavior would not violate 46.02, then you are not carrying under the authority of your LTC. If you have some other authority under 46.15(b), such as traveling or hunting, it might be a little more confusing but they don't give you any more authority than the LTC so it isn't too hard.

The question only really becomes confusing when you have two more authorities besides the law itself. For example, if you are a retired peace officer that also has an LTC, then which you are carrying under becomes more confusing. One of the reasons I got my LTC was to cover the one weird circumstance where my retired LEO certification would not apply. If I had gone into a business that had a 30.05 sign, it would have applied to me because the exception in that law only applies to active officers. But it also doesn't apply to LTCs, so if that ever happens, I am carrying under the authority of my LTC. Everywhere else, the law doesn't apply because I am carrying under the authority of my retired LEO ID.

My basic logic is that if I am not violating the law, then I am carrying under the authority of the law. If my actions would violate a law, and I have multiple authorities that apply, then it doesn't matter which I claim because I am covered. And if I am violating a law but one of my multiple authorities would cover it and make me legal, then I am carrying under that authority. None of the authorities int he law say they are exclusive of other authorities, so I can cite whichever applies at the time as I need it.

[03Lightningrocks]

I saw that one. I like it as concealing in the vehicle can make it hard to access. I am planning on buying a magnet holster for my truck.

Tru-Spec cargo pants pocket. Readily at hand in pretty much all conditions.

Thanks for the heads up. I will check it out.