Fixed your post. I may start a seperate parking lot thread so we can quit hijacking this one.sjfcontrol wrote:I think the point is that 30.06 only applies to CHL holders. Carrying in a car is legal for EVERYBODY (with certain restrictions) thanks to the Motorist Protection Act. Therefore leaving a firearm in your car would NOT be illegal even in a 30.06-posted lot.
There is no sign that says, in effect: "The Possession of a firearm in your automobile under PC46.02 (Motorist Protection Act) is forbidden. unless you work here, then we will fire you for excercizing your constitutional right."
Search found 5 matches
- Sun Jul 25, 2010 8:08 am
- Forum: General Texas CHL Discussion
- Topic: Open Carry
- Replies: 184
- Views: 27581
Re: Open Carry
- Sat Jul 24, 2010 10:34 am
- Forum: General Texas CHL Discussion
- Topic: Open Carry
- Replies: 184
- Views: 27581
Re: Open Carry
What you are saying is correct. I was assuming that everyone understood that non-CHL holders were illegal regardless of signage, and the rule of law backs up the business owner for non-chl as well as chl when he posts.The Annoyed Man wrote:I understand the point you are trying to make, but that red part is both a legal and logical fallacy. § 30.06 applies only to CHL. It has nothing whatsoever to do with armed people who are not carrying concealed under the authority of a CHL — whether they are LEOs or criminals. Thus: A) it does not prevent unwanted guns, it only prevents unwanted CHL guns; and B) it has no supplemental effect in enforcing an employment policy against someone who is not a CHLer.canvasbck wrote:In other words, say you are the owner of a large retail store in a tough part of town. If you are so inclined, you can post 30.06 signage at the entrance to the store and prohibit anyone from carrying inside the store. The force of law would apply to assist you in enforcing the no guns policy. The force of law would not be on your side in attempting to keep patrons from having firearms in their vehicles. You could post the parking lot, but state laws will not back you up on it.
- Sat Jul 24, 2010 7:08 am
- Forum: General Texas CHL Discussion
- Topic: Open Carry
- Replies: 184
- Views: 27581
Re: Open Carry
Well, it's a little difficult for someone who has been in the same industry for over 20 years to just pick up stakes and leave.jester wrote:It sounds like his problem is with the company policy, not the law. Perhaps he should find a different job if he doesn't like the company policy.
In any event, If we allow businesses to post 30.06 signs to prohibit concealed handguns, I don't see how we can reasonably prohibit businesses from firing employees who violate a policy against concealed handguns. It doesn't make sense. Either businesses have private property rights that allow them to prohibit guns, or they don't.
Your statement about property rights is not valid in this case. 30.06 allows a business to bar firearms from their business but 30.06 does not extend to the parking lot of said business.
In other words, say you are the owner of a large retail store in a tough part of town. If you are so inclined, you can post 30.06 signage at the entrance to the store and prohibit anyone from carrying inside the store. The force of law would apply to assist you in enforcing the no guns policy. The force of law would not be on your side in attempting to keep patrons from having firearms in their vehicles. You could post the parking lot, but state laws will not back you up on it.
If your company policy prohibits possession of a firearm on company property. This policy WOULD extend to the parking lot. Any employee could be fired if he/she leaves a firearm in their vehicle. If you go one step further and require your employees to wear certain clothes to work (uniform, FRC, ect). You have now made it easier for the BG's to identify the unarmed people.
In your own words, "It doesn't make sense. Either businesses have private property rights that allow them to prohibit guns, or they don't." Under current laws there are two sets of rules for parking lots, one for the public and one for a company's employees.
- Fri Jul 23, 2010 5:47 am
- Forum: General Texas CHL Discussion
- Topic: Open Carry
- Replies: 184
- Views: 27581
Re: Open Carry
Perhaps you and I could meet up in Madisonville and both carry the hand cannons on the same day in the same Wally World.03Lightningrocks wrote:If it is any consolation, if open carry were allowed, i think it would be funny as all get out to open carry my 8 and 3/8th model 29 through Wally World. My fear is that Wally World would post just after you and I do this a couple times... and the natives get the crap scared out of them. Yeah... I shouldn't have implied that all proponents are just lazy... obviously there are other reasons for wanting open carry than laziness or bravado... my appologies.
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Seriously, for me, the parking lot issue is a much bigger problem. Why on earth do we have laws that allow everyone without a criminal history to protect themselves as long as they are not heading to/from work?
- Thu Jul 22, 2010 8:22 pm
- Forum: General Texas CHL Discussion
- Topic: Open Carry
- Replies: 184
- Views: 27581
Re: Open Carry
I have refrained from posting in this topic because my reason for wanting to have the OPTION of OC is very limited and does not reflect most CHLers. My wife and I trail ride frequently and I can now honestly say that CC is literaly and figuratively a pain. OC would be much simpler and easier. I know that my situation is unique and I would not want others to be imposed to satisfy my niche.03Lightningrocks wrote:I still believe the result of open carry will be more places restricting gun carry... it just doesn't seem worth it to me. I can already carry, why should I give a crud if someone who doesn't want to go to the same trouble I did is allowed to carry? Point two.... if your truly a tough guy and capable of handling yourself, you don't need to run around showing off your ability too shoot someone. Open carry in 2010 is simply show boating in my humble opinion and I have ne desire to help anyone do it by risking the places I can carry.
I am offended by the supporters of OC who have attacked pro 2A folks who don't feel that their cause is worth pressing in the current environment.
I am equally offended by your condescending tone towards those of us who support an OC movement. Saying that everyone who supports OC is either A) too lazy to go through the CHL process or B) is a jerk who just wants to look cool is a narrow minded view that ignores many valid and reasonable arguments in support of OC. (Although it would be cool to JUST ONCE walk through Wally World with the .500 on my hip.
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That said, I think that OC is now and should remain a back burner topic until we first, get the parking lot law passed and second, get campus carry.
Edit to add that I posted this before you added the second paragraph that softened your post.