srothstein wrote:Commander wrote:So using that logic, the Cinemark Theater where I went last weekend can start demanding my CHL and recording my information; the restaurant where I ate that night can start doing the same....they're both "private property"
Yes, they both can do so right now and you would have the same option there as at the state fair. Say no and leave the property or comply. There is no law forbidding their doing so, and being real private property (as opposed to the state fair being on government owned property), they have an even stronger claim on what they can do by policy.
A private property owner can post, under authority of PC 30.06.
IF it is discovered I am carrying in violation of PC 30.06 I can be charged with criminal trespass. They can also, as a private property owner deny me entry or compel me to leave for any reason. There are some limitations based on protected classes for property owners that otherwise allow public access. CHL is not a protected class.
Even the law follows logic to some extent. The law narrowly defines who, and under what circumstances a credential can be demanded, anything else exceeds the authority of that law . Now at my house I can say explicitly who can enter and under what circumstances. If I otherwise allow public access, the law allows me to post 30.06 signage, provide effective notice orally or in writing (presumably if I discover someone is carrying against my policy) but it does not authorize me to force a public declaration of my CHL status or whether or not I am armed. If I make a policy forbidding all weapons, then I would as a matter of course set up controlled entrance.
Access to public (government owned) facilities is just that, public. The law (Yes PC 30.06) defines that a CHL holder cannot be denied entry to a premise owned or leased by a government entity. Adding policies that predicate my entry to that property supersedes the authority of law. The collection, retention and dissemination of private information on CHL holders is again, narrowly defined. The DPS is the only agency authorized to collect this information and except for a few exceptions must protect the privacy of that information.
There is an obvious fallacy in the logic of the people who claim that they will only show their CHL to a police officer. The State Fair is the perfect example of why. They cannot post 30.06, but can bar anyone not licensed from entering while armed and are using metal detectors. They do not need to haev peace officers at every gate (I know they do, but there is no requirement for it). The security guards could legally and properly deny you entry for refusing to show them you CHL.
Can you cite the relevant law please, I have failed to find it. What I have found is that in the case of amusement parks, they are either posted and/or have
all entrances controlled by metal detectors and have law enforcement officers on location. If they are posted they have to have controlled entry, but if they have controlled entry it serves as effective notice under PC 30.06(a previous AG opinion I believe).
The security guards at the fair have no authority (and I've worked similar positions) to deny entry beyond what the law allows. They have no authority to determine whether or not you are "legally" carrying your weapon. They do upon discovery of a weapon have the authority to involve police (which by coincidence are handy). Submission to wanding and/or display of a CHL is a concession on the part of the public. That is why private security does the wanding, as opposed to LEO, it would be unwarranted search of a person otherwise.
The collecting of information is wrong and possibly dangerous to you. As far as I can tell, it is legal as of this point in time.
I must disagree, the collection, storage use and dissemination of
any private information by
any organization, public or private, is closely regulated at state and federal levels. Any use of gathered personal information, including use and security of that information is to be published or is subject to audit by state and federal authorities. That is why the AG's CPD is looking into this and why I have filed complaints with senators Hutchison and Cornyn.
Further, the collection, storage and dissemination of CHL information is reserved for the DPS and is further restricted in how they use it. So specifically collecting CHL information if you are not DPS is
not legal, especially if the submission of that information determines if I will be allowed access to a public property or not. They can say "We would like your information, pretty please," until they are blue in the face, but to restrict my access to a public (government owned) premise exceeds any reasonable extrapolation of their authority. Thus a complaint has been filed with the DPS PSB.
I don't like the compromise of collecting it with their word on shredding it (I don't trust them any further than they trust me - trust must work both ways). I am still in favor of a law forbidding anyone from collecting personal information off a driver's license, ID card, or CHL. It should be written in such a way as to allow you to waive your right to privacy but no one could deny you any benefit for not consenting to the collection.
The law on collection of information is pretty succinct as it is, it just needs to be honored. A couple of last thoughts, I remember before CHLs and a couple of years following, no wanders of any kind were at the gates. That demonstrates that the local gang banger doesn't worry them, just the law abiding licensed CCW.
Also as I have mentioned before, this policy forces (I don't care if it is a LEO collecting the information) a public declaration of me being armed, this can be construed a either failure to conceal or carrying in a manner intent on inciting panic.
It is Draconian
and dangerous and needs to stop...now.