Son had a weird encounter at Walmart

[RevDLo]

My 17yo son carries a Buck 110 in a leather pouch on the back of his belt.(I was not with him) He walked into Walmart and the security guard stops him saying "Hey you cant carry a gun in here!" My son being the big boy he is(he's huge) asks what the hell he is talking about LOL!! Proceeds to show him its just a pocket knife and goes about his business. My question, being my 1st week of licensed carry, is how does this guard have any business telling any one they cant carry a firearm? From what Ive seen, Walmart only has "unlawful unless licensed" signage.

[aCoffeejunky]

"At Walmart, the official company policy regarding open carry is that customers are allowed to bring visible handguns into the store, but that store staff are responsible for verifying that the customer has a proper license for the weapon." - See more at: http://www.texasmonthly.com/the-daily-p ... jQgHP.dpuf

Now, that's from a February post....but I would assume it's the same today?

[Soccerdad1995]

My 17yo son carries a Buck 110 in a leather pouch on the back of his belt.(I was not with him) He walked into Walmart and the security guard stops him saying "Hey you cant carry a gun in here!" My son being the big boy he is(he's huge) asks what the heck he is talking about LOL!! Proceeds to show him its just a pocket knife and goes about his business. My question, being my 1st week of licensed carry, is how does this guard have any business telling any one they cant carry a firearm? From what Ive seen, Walmart only has "unlawful unless licensed" signage.

The Wal-Mart employee can give anyone effective notice that they cannot carry, regardless of signage. It sounds like this is what happened, so unfortunately your son can no longer legally carry in that Wal-Mart.

This is against Wal-Mart policy, however, so it probably makes sense to complain to the store manager and / or corporate. They can in turn give your son effective notice that he CAN carry, which will trump the security guard's notice of the opposite. That may also lead to some re-training for the security guard.

[Soccerdad1995]

And I would also note that several companies (most notably Whataburger) are taking the "no signs, but give effective notice" route at least as it regards to OC. If you get such notice, don't stand there arguing that they can't do it since there are no signs, because they can do it, and your failure to leave could well be seen as trespassing at that point.

[ELB]

Whatever Walmart's policy is, if someone with the apparent authority of the owner tells you you can't carry in a business, then you can't legally carry. You might be able to call the manager later and get it sorted out, but when you're at the point of entry and the security guard says no, then I think legally you need to leave.

Sec. 30.06. TRESPASS BY LICENSE HOLDER WITH A CONCEALED HANDGUN. (a) A license holder commits an offense if the license holder:

91) carries a concealed handgun under the authority of Subchapter H, Chapter 411, Government Code, on property of another without effective consent; and

(2) received notice that entry on the property by a license holder with a concealed handgun was forbidden.

(b) For purposes of this section, a person receives notice if the owner of the property or someone with apparent authority to act for the owner provides notice to the person by oral or written communication.

Sec. 30.07. TRESPASS BY LICENSE HOLDER WITH AN OPENLY CARRIED HANDGUN. (a) A license holder commits an offense if the license holder:

(1) openly carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, on property of another without effective consent; and

(2) received notice that entry on the property by a license holder openly carrying a handgun was forbidden.

(b) For purposes of this section, a person receives notice if the owner of the property or someone with apparent authority to act for the owner provides notice to the person by oral or written communication.

[RevDLo]

And I would also note that several companies (most notably Whataburger) are taking the "no signs, but give effective notice" route at least as it regards to OC. If you get such notice, don't stand there arguing that they can't do it since there are no signs, because they can do it, and your failure to leave could well be seen as trespassing at that point.

Yes I understand "effective notice" and that once given must be followed. It just aggravates me that this guard was so quick to jump.

[aCoffeejunky]

Ok, I don't mean to sound argumentative or stupid buy any means but then what is the point of having legal notices denying entry if all that is required to make it an illegal action is to have an employee say "you can't carry in here" even IF company policy states it is acceptable with LTC verification?

[ScottDLS]

And I would also note that several companies (most notably Whataburger) are taking the "no signs, but give effective notice" route at least as it regards to OC. If you get such notice, don't stand there arguing that they can't do it since there are no signs, because they can do it, and your failure to leave could well be seen as trespassing at that point.

Yes I understand "effective notice" and that once given must be followed. It just aggravates me that this guard was so quick to jump.

I'm gonna go with just conceal and carry if you're going to carry at this store. Technically you're son may have received "oral" notice that he can't carry a gun there, but unless they recorded the interaction AND noted it for later AND recognize him AND notice that he's carrying AND call the police before just telling him to get out, etc... it practically makes no difference.

ETA Oh yeah, since he's 17 he won't be carrying there anyway presumably until he's 21 and gets a LTC. And of course 4 years later the "oral" notice will still be in place... I still say practically this is a non-issue

[NotRPB]

how do people who buy a gun in the sporting goods Dept get it out of the store if it can't be carried? Is there a levitation magic trick they teach there?

[RevDLo]

And I would also note that several companies (most notably Whataburger) are taking the "no signs, but give effective notice" route at least as it regards to OC. If you get such notice, don't stand there arguing that they can't do it since there are no signs, because they can do it, and your failure to leave could well be seen as trespassing at that point.

Yes I understand "effective notice" and that once given must be followed. It just aggravates me that this guard was so quick to jump.

I'm gonna go with just conceal and carry if you're going to carry at this store. Technically you're son may have received "oral" notice that he can't carry a gun there, but unless they recorded the interaction AND noted it for later AND recognize him AND notice that he's carrying AND call the police before just telling him to get out, etc... it practically makes no difference.

ETA Oh yeah, since he's 17 he won't be carrying there anyway presumably until he's 21 and gets a LTC. And of course 4 years later the "oral" notice will still be in place... I still say practically this is a non-issue

I was wondering that!! He is only sporting the Buck as of now, but when he is of age and responsibility he will get his LTC. I'm still getting used to knowing I have a firearm on me, I don't think I could take everyone else knowing at the moment!!

[RevDLo]

how do people who buy a gun in the sporting goods Dept get it out of the store if it can't be carried? Is there a levitation magic trick they teach there?

Its normally carried to the door by an employee and handed to you once youre out of the store.

[oohrah]

Ok, I don't mean to sound argumentative or stupid buy any means but then what is the point of having legal notices denying entry if all that is required to make it an illegal action is to have an employee say "you can't carry in here" even IF company policy states it is acceptable with LTC verification?

That's the way law says it.

[LucasMcCain]

I have to wonder a little if the fact that your son is 17 had anything to do with it. If the guy knows anything about LTC law, he probably knows you have to be 21 to get one. It's a stretch, I realize. Regardless, I wouldn't worry about carrying there. I might have a little chat with one of the managers about it, though. Not to be mean or anything, just to make sure the security guard knows their policy. Or you could just open carry when that guard is working and get it all sorted that way.

[RevDLo]

I have to wonder a little if the fact that your son is 17 had anything to do with it. If the guy knows anything about LTC law, he probably knows you have to be 21 to get one. It's a stretch, I realize. Regardless, I wouldn't worry about carrying there. I might have a little chat with one of the managers about it, though. Not to be mean or anything, just to make sure the security guard knows their policy. Or you could just open carry when that guard is working and get it all sorted that way.

He doesn't look 17. He is a large bearded human!! LOL He lives across town from me, so I wont have any interaction with this particular store.

[aCoffeejunky]

Ok, I don't mean to sound argumentative or stupid buy any means but then what is the point of having legal notices denying entry if all that is required to make it an illegal action is to have an employee say "you can't carry in here" even IF company policy states it is acceptable with LTC verification?

That's the way law says it.

I don't have my license yet (stuck in purgatory currently), is this the kind of thing that you commonly run into? And are some places more apt to verbally deny someone openly carrying?