Question on 30.06 posting

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casp625
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Re: Question on 30.06 posting

#16

Post by casp625 »

gljjt wrote:
rocinante wrote:Didn't the AG opinion refer to properties leased at "arms-length"? That is, the lessee has full control of the property? I'm not sure a gun show would count for that, unless there were no "city" staff present at all (e.g. management, security, janitorial), and the city did not impose any rules or control over the lessee activities beyond what would normally show up in a business property lease.
This is how I understood his opinion. But IANAL.
:iagree:

Soccerdad1995
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Re: Question on 30.06 posting

#17

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bblhd672 wrote:I was at Ft. Worth gun show this weekend as well. Wasn't happy about having to walk back to my car and leave my ammo there after the police officer zip tied my pistol.

Really annoying that Premiere Gun Shows says on their website that your gun is welcome, but not tell you that you cannot open or concealed carry there.

I enjoyed walking the floor but not sure that I will go to a Premiere show again if they don't publicly clarify their position on carrying inside the show.
Why would you allow them to zip tie your gun, and also walk back to your car with ammo? Were you uncertain of your legal ability to carry at that location or did they force the issue through the use of metal detectors, etc?
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AJSully421
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Re: Question on 30.06 posting

#18

Post by AJSully421 »

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.
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30.06 signs only make criminals and terrorists safer.

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Soccerdad1995
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Re: Question on 30.06 posting

#19

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AJSully421 wrote: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.
Couldn't they just ask you to leave without giving a reason? I thought that any business owner could tell anyone to leave for no reason at all, and if that person refuses to leave they would be guilty of trespass.

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Re: Question on 30.06 posting

#20

Post by Abraham »

Yes, I'd like to know the answer too.

Refuse to leave after being told to and I can see an LEO cuffing and stuffing...as we know, not all LEO's are as familiar with the AG's findings as they need be...
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AJSully421
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Re: Question on 30.06 posting

#21

Post by AJSully421 »

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".
"The trouble with our liberal friends is not that they're ignorant, it's just that they know so much that isn't so." - Ronald Reagan, 1964

30.06 signs only make criminals and terrorists safer.

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bblhd672
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Re: Question on 30.06 posting

#22

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Soccerdad1995 wrote:
bblhd672 wrote:I was at Ft. Worth gun show this weekend as well. Wasn't happy about having to walk back to my car and leave my ammo there after the police officer zip tied my pistol.

Really annoying that Premiere Gun Shows says on their website that your gun is welcome, but not tell you that you cannot open or concealed carry there.

I enjoyed walking the floor but not sure that I will go to a Premiere show again if they don't publicly clarify their position on carrying inside the show.
Why would you allow them to zip tie your gun, and also walk back to your car with ammo? Were you uncertain of your legal ability to carry at that location or did they force the issue through the use of metal detectors, etc?
Because you are not allowed to enter without your firearm checked by LEO who zip ties it in manner that it cannot be used.
Also you are not allowed to carry ammo into the show. There was both 30.06 and 30.07 signs at the entrance. Its seems ridiculous to me that they posted both signs yet allowed open and concealed carry of unloaded weapons.
Now that you question me about it I'm getting ticked off at the whole thing- why would a company making money off gun sales spit in the face of Texas LTC's?
The left lies about everything. Truth is a liberal value, and truth is a conservative value, but it has never been a left-wing value. People on the left say whatever advances their immediate agenda. Power is their moral lodestar; therefore, truth is always subservient to it. - Dennis Prager
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Re: Question on 30.06 posting

#23

Post by bblhd672 »

Perhaps a boycott of Premier Gun Shows by LTC holders until they decide good guys are welcome?
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The left lies about everything. Truth is a liberal value, and truth is a conservative value, but it has never been a left-wing value. People on the left say whatever advances their immediate agenda. Power is their moral lodestar; therefore, truth is always subservient to it. - Dennis Prager
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TexasTornado
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Re: Question on 30.06 posting

#24

Post by TexasTornado »

It should be enough to request that loaded weapons remain holstered. If you are looking for an accessory/holster for a weapon, or are selling a weapon it must be cleared and zip tied by a LEO before it is handed to another individual.

I think that would be a good common sense way to respect LTC holders while maintaining safety with so many individuals handling weapons in so many different directions.
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Flightmare
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Re: Question on 30.06 posting

#25

Post by Flightmare »

Image

THIS!
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Re: Question on 30.06 posting

#26

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Flightmare wrote:Image

THIS!
It works for most situations but in a gun show there are more weapons out than there are holstered. If someone has a negligent discharge could you imagine trying to figure out which of the several thousand weapons it came from?
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Re: Question on 30.06 posting

#27

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TexasTornado wrote:
Flightmare wrote:Image

THIS!
It works for most situations but in a gun show there are more weapons out than there are holstered. If someone has a negligent discharge could you imagine trying to figure out which of the several thousand weapons it came from?
Theoretically, the only people who should be loaded are the ones carried by LTCs or LEOs. It's like going to the Ren fest with a sword, they had no problem with me bringing it. They simply asked that it remained sheathed.

If you are bringing a gun to sell/trade, then it should be unloaded and in a case/rug.
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TexasTornado
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Re: Question on 30.06 posting

#28

Post by TexasTornado »

Flightmare wrote:
TexasTornado wrote:
Flightmare wrote:Image

THIS!
It works for most situations but in a gun show there are more weapons out than there are holstered. If someone has a negligent discharge could you imagine trying to figure out which of the several thousand weapons it came from?
Theoretically, the only people who should be loaded are the ones carried by LTCs or LEOs. It's like going to the Ren fest with a sword, they had no problem with me bringing it. They simply asked that it remained sheathed.

If you are bringing a gun to sell/trade, then it should be unloaded and in a case/rug.
The only renfair I've been to swords were tied into the sheaths, which is pretty much the same concept as the zip ties.

But I agree LTC holders should be able to carry, just carry something you don't need to handle during the course of your outing. If you want to try new holsters for your EDC, then carry something else and have the EDC checked in as usual.
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Re: Question on 30.06 posting

#29

Post by Flightmare »

TexasTornado wrote:
Flightmare wrote:
TexasTornado wrote:
Flightmare wrote:Image

THIS!
It works for most situations but in a gun show there are more weapons out than there are holstered. If someone has a negligent discharge could you imagine trying to figure out which of the several thousand weapons it came from?
Theoretically, the only people who should be loaded are the ones carried by LTCs or LEOs. It's like going to the Ren fest with a sword, they had no problem with me bringing it. They simply asked that it remained sheathed.

If you are bringing a gun to sell/trade, then it should be unloaded and in a case/rug.
The only renfair I've been to swords were tied into the sheaths, which is pretty much the same concept as the zip ties.

But I agree LTC holders should be able to carry, just carry something you don't need to handle during the course of your outing. If you want to try new holsters for your EDC, then carry something else and have the EDC checked in as usual.
:iagree:
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Re: Question on 30.06 posting

#30

Post by Soccerdad1995 »

Is it possible to check holster fit on a weapon that is zip tied?
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