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KRM45 wrote:

srothstein wrote: And, KRM45, I have to agree with you on one thing. I am not a lawyer and my advice is not legal advice, just a friendly discussion.

I am happy to participate in the discussion. As I am just starting out in this field I will take all advice I can get and save it for when I am faced with a future situation.

Interestingly our instructor for Arrest, Search & Siezure class told us about a time when he arrested a guy that pulled into a gas station under similar circumstances. The issue was not that he carried the weapon into the store, he simply had it in his car. The instructor said the DA would not prosecute the case, but the gentleman still spent the night in a cell. Of course this was before the recent clarification on Traveling.

Two things;

If the man only was carrying the gun around and not actually traveling (whatever that used to mean ) then he WAS in violation for carrying there. And he must have really done something to get the attention of the LEO for him to have found the gun there.

Second, if the officer made the arrest KNOWING that the charge was not good, then he KNEW it was an invalid arrest. That is officious at best, and possibly criminal.


One more thing, the new presumption is not a "clarification" of traveling. It is an additional presumption. One can still be traveling if they don't meet the 5 requirements.

KRM45 wrote:

srothstein wrote:

KRM45 wrote:

srothstein wrote:These signs do not apply to anyone who has a CHL. They are usually the signs provided by TABC to places that sell alcoholic beverages and do not get 51% of their income from on-premise sales.

As such, I am not sure they really mean anything. They do not apply to peace officers, or anyone who is legally carrying under the exemptions provided, like travelers. So basically, it is a warning to the criminals that unlawfully carrying is more of a crime (felony) than normal (misdemeanor).

I think these signs do apply to "traveling". Certainly you can't be traveling and then stop and carry your gun on your person into an establishment with one of these signs posted.

Sure you can. Think about how you have to stop for gas on the highway while on your trip. Court cases have so far all upheld that this is not a stop in the traveling and most gas stations are licensed premises and have these signs. You could carry while you walked in to pay and then resumed your trip.

You're entitled to that opinion, but I for one would not want to be the test case.

since he is a LEO that trains LEOs, it is an INFORMED and educated opinion, one with which I agree.

stash wrote:So then, do I understand correctly that unlicensed posession in a liquor store is a felony but a misdemeanor in a coffee shop?

Yep.