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by TexasCajun
Sun Jan 26, 2014 8:16 am
Forum: General Texas CHL Discussion
Topic: Poll, PC 30.06 in "Private Businesses"
Replies: 105
Views: 18023

Re: Poll, PC 30.06 in "Private Businesses"

rotor wrote:
TexasCajun wrote:
rotor wrote:
RPBrown wrote:I voted yes you should be able to manage the store the way you want to. As a business owner, I have enough restrictions on what I can and can't do without someone telling me I have to be able to allow CHL's (although I do and have a sign posted that they are welcome) but it is my choice.

With that said, if a business owner has posted 30.06, I also feel that the business should be held accountable should someone get hurt in a shooting, stabbing or any other illegal venue, if a person could have defended themselves by having a CHL.

Just my .02

Your .02 means a lot and I agree. We don't have a chl to be macho ( I hope) but to protect ourselves in the event that force is needed. When I go into a place that forbids me to protect myself with a firearm I expect them to provide some kind of protection either a security guard or whatever. A 30.06 sign takes away my ability to self defend and at my age that does not mean my fists. You post a 30.06 then you should have the obligation to defend me if need be. I own a business and I don't care if you open or conceal. I also own the real estate and the business which is mre than most "business" do. Even your post offices, most are leased and not actually owned by the feds.
Wrong. The business owner has the right to post 30.06 or not to. You have the right to patronize that business or not in response. The posting of 30.06 does not obligate the owner to provide extra security any more than not posting 30.06 obligate you to carry when you do patronize. Nor should it.
So the answer is "Wrong" you say. I know what the business owner can and can't do. I know I have the right to go in or not. But if a business owner knowingly increases the risk of my being harmed by his actions I would think that a lawyer could use that as means for a successful case. I am not a lawyer and anyone can sue for anything but if I go into a store with a 30.06 and am harmed by a BG because I have left my weapon in my car.... gee whiz- isn't that how we got to have concealed carry in Texas in the first place- Luby's cafeteria. It was illegal to carry that gun into Luby's, not by a 30.06 but by state law. So, there is always the potential that a store that outlaws you from defending yourself might some day be involved with a negligence suit. Time will tell. If you are on someones private property, even illegally, and you injure yourself there have been succesful lawsuits against the property owners in civil courts.
Posting an enforceable 30.06 sign wouldn't be ground for negligence since the current chl law contains the provision. Yes you can file suit for anything, but most lawyers don't like to work for free. So you'd most likely go it alone. And the case would probably be immediately dismissed because of the legal provision for disallowing concealed carry.
by TexasCajun
Sun Jan 26, 2014 8:07 am
Forum: General Texas CHL Discussion
Topic: Poll, PC 30.06 in "Private Businesses"
Replies: 105
Views: 18023

Re: Poll, PC 30.06 in "Private Businesses"

MasterOfNone wrote:I think we need to compare prohibiting guns to other prohibitions. If I have a "No hoodies" sign at the entrance to my business, is it illegal to enter? If so, then 30.06 is no different. But if I have to tell the hoodie wearer to leave in order for him to be charged with trespass, then 30.06 would go beyond just allowing the owner to deny service.
I think Florida got this right. Signs alone do not create trespass; you must be told to leave before you can be trespassing simply for carrying.
That's exactly what 30.06 does. If someone walks past an enforceable sign & concealment fails, the person in charge can call the cops without having to confront them. Same with any other manner of dress that a business owner finds objectionable. However, a practical aspect would also most likely come into play. Police would probably not respond as quickly to a 'teens with saggy pants' call as they would for a MWAG call.
by TexasCajun
Sat Jan 25, 2014 3:16 pm
Forum: General Texas CHL Discussion
Topic: Poll, PC 30.06 in "Private Businesses"
Replies: 105
Views: 18023

Re: Poll, PC 30.06 in "Private Businesses"

rotor wrote:
RPBrown wrote:I voted yes you should be able to manage the store the way you want to. As a business owner, I have enough restrictions on what I can and can't do without someone telling me I have to be able to allow CHL's (although I do and have a sign posted that they are welcome) but it is my choice.

With that said, if a business owner has posted 30.06, I also feel that the business should be held accountable should someone get hurt in a shooting, stabbing or any other illegal venue, if a person could have defended themselves by having a CHL.

Just my .02

Your .02 means a lot and I agree. We don't have a chl to be macho ( I hope) but to protect ourselves in the event that force is needed. When I go into a place that forbids me to protect myself with a firearm I expect them to provide some kind of protection either a security guard or whatever. A 30.06 sign takes away my ability to self defend and at my age that does not mean my fists. You post a 30.06 then you should have the obligation to defend me if need be. I own a business and I don't care if you open or conceal. I also own the real estate and the business which is mre than most "business" do. Even your post offices, most are leased and not actually owned by the feds.
Wrong. The business owner has the right to post 30.06 or not to. You have the right to patronize that business or not in response. The posting of 30.06 does not obligate the owner to provide extra security any more than not posting 30.06 obligate you to carry when you do patronize. Nor should it.
by TexasCajun
Sat Jan 25, 2014 2:00 pm
Forum: General Texas CHL Discussion
Topic: Poll, PC 30.06 in "Private Businesses"
Replies: 105
Views: 18023

Re: Poll, PC 30.06 in "Private Businesses"

WildBill wrote:
android wrote:As a society, we have decided that discrimination by business is not desired. As a white, middle aged guy who has never been turned away from a restaurant or hotel for being the "wrong color" or wrong religion, I agree with public accommodation as it exists in the US. Renting a room to a Jew, or selling gas to a black person is NOT enough of a violation of your right to free association to allow it to trump the rights of all in the US to be treated equally with respect to commerce.
I have a hard time being convinced that a CHL holder can be discriminated against.
The accepted definition of discrimination is the unequal treatment for who you are rather that what you do through your actions.
The fact that you have a CHL is separate from the fact that you carry a concealed handgun.
So it is the action of carrying that is prohibited, not the fact you have a license or are a part of a group that advocates the 2nd Amendment.
Beat me to it. Carrying a handgun fits within the scope of behavior or manner of dress that can be regulated for or against by the business owner. It's akin to the 'No shirt, No shoes, No service' or the 'You're not an underwear model & your name isn't Calvin Klein so pull up your pants' signs. A business owner cannot (rightly) refuse service based on who you are, but can decide (rightly) what type of behavior is acceptable. Carrying a concerned handgun falls within behavior.

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