CARRY QUESTION

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spectre
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Re: CARRY QUESTION

#16

Post by spectre »

ScottDLS wrote:
spectre wrote:A land owner can give oral notice or written notice. Oral notice prohibiting firearms covers both MPA and LTC.
Not true. That it covers MPA.
Are you saying a land owner can't prohibit guns on their property by giving oral notice?
I'm in a good place right now
Not emotionally or financially
But I am at the gun store
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Grundy1133
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Re: CARRY QUESTION

#17

Post by Grundy1133 »

spectre wrote:
ScottDLS wrote:
spectre wrote:A land owner can give oral notice or written notice. Oral notice prohibiting firearms covers both MPA and LTC.
Not true. That it covers MPA.
Are you saying a land owner can't prohibit guns on their property by giving oral notice?
yes. he can. but your car is not his property... https://en.wikipedia.org/wiki/Castle_doctrine
A castle doctrine, also known as a castle law or a defense of habitation law, is a legal doctrine that designates a person's abode or any legally occupied place – e.g., a vehicle or home – as a place in which that person has protections and immunities permitting one, in certain circumstances, to use force (up to and including deadly force) to defend oneself against an intruder, free from legal prosecution for the consequences of the force used.[1] The term is most commonly used in the United States, though many other countries[which?] invoke comparable principles in their laws.
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spectre
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Re: CARRY QUESTION

#18

Post by spectre »

Grundy1133 wrote:
spectre wrote:Are you saying a land owner can't prohibit guns on their property by giving oral notice?
yes. he can. but your car is not his property...
OK. Drive into a military base with an AR-15 in the passenger seat and tell the MPs your car isn't government property.

"rlol"
I'm in a good place right now
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But I am at the gun store
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Grundy1133
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Re: CARRY QUESTION

#19

Post by Grundy1133 »

spectre wrote:
Grundy1133 wrote:
spectre wrote:Are you saying a land owner can't prohibit guns on their property by giving oral notice?
yes. he can. but your car is not his property...
OK. Drive into a military base with an AR-15 in the passenger seat and tell the MPs your car isn't government property.

"rlol"
iirc OP mentioned private property not a military base. going back to the topic, MPA trumps some guy who says "no guns on my land, ya hear!" military bases are govt property so i assume govt law would trump texas law at that point. but "tresspassing is tresspassing" as you mentioned earlier, is incorrect because you wouldn't be trespassing on your own property. (also if the AR-15 isnt concealed then you wouldnt be in compliance with the MPA anyway.)
Last edited by Grundy1133 on Sun Apr 08, 2018 1:02 pm, edited 2 times in total.
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ScottDLS
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Re: CARRY QUESTION

#20

Post by ScottDLS »

spectre wrote:
ScottDLS wrote:
spectre wrote:A land owner can give oral notice or written notice. Oral notice prohibiting firearms covers both MPA and LTC.
Not true. That it covers MPA.
Are you saying a land owner can't prohibit guns on their property by giving oral notice?
Yes. If the person is a cop they have an exception. If they are a utility worker in the scope of their duties, they have a Defense. If they have a LTC, and are not carrying under its authority (concealed MPA in the truck) they have a Defense (to 30.05).

I have quoted the relevant sections below.
TXPC 30.05
(e) It is a defense to prosecution under this section that the actor at the time of the offense was:
(2) a person who was:
(A) an employee or agent of:
(i) an electric utility, as defined by Section 31.002, Utilities Code;
(ii) a telecommunications provider, as defined by Section 51.002, Utilities Code;
(iii) a video service provider or cable service provider, as defined by Section 66.002, Utilities Code;
(iv) a gas utility, as defined by Section 101.003, Utilities Code, which for the purposes of this subsection includes a municipally owned utility as defined by that section;
(v) a gas utility, as defined by Section 121.001, Utilities Code;
(vi) a pipeline used for the transportation or sale of oil, gas, or related products; or
(vii) an electric cooperative or municipally owned utility, as defined by Section 11.003, Utilities Code; and
(B) performing a duty within the scope of that employment or agency;
...
(f) It is a defense to prosecution under this section that:
(1) the basis on which entry on the property or land or in the building was forbidden is that entry with a handgun was forbidden; and
(2) the person was carrying:
(A) a license issued under Subchapter H, Chapter 411, Government Code, to carry a handgun; and
(B) a handgun

...
(i) This section does not apply if:
(1) the basis on which entry on the property or land or in the building was forbidden is that entry with a handgun or other weapon was forbidden; and
(2) the actor at the time of the offense was a peace officer, including a commissioned peace officer of a recognized state, or a special investigator under Article 2.122, Code of Criminal Procedure, regardless of whether the peace officer or special investigator was engaged in the actual discharge of an official duty while carrying the weapon.
Texas PC 30.05
4/13/1996 Completed CHL Class, 4/16/1996 Fingerprints, Affidavits, and Application Mailed, 10/4/1996 Received CHL, renewed 1998, 2002, 2006, 2011, 2016...). "ATF... Uhhh...heh...heh....Alcohol, tobacco, and GUNS!! Cool!!!!"

Colonel Angus
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Re: CARRY QUESTION

#21

Post by Colonel Angus »

Grundy1133 wrote:(also if the AR-15 isnt concealed then you wouldnt be in compliance with the MPA anyway.)
Since when did MPA have anything to do with rifles?
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Grundy1133
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Re: CARRY QUESTION

#22

Post by Grundy1133 »

Colonel Angus wrote:
Grundy1133 wrote:(also if the AR-15 isnt concealed then you wouldnt be in compliance with the MPA anyway.)
Since when did MPA have anything to do with rifles?
it doesnt but he was mentioning the MPA.
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Re: CARRY QUESTION

#23

Post by twomillenium »

Tell your "friend" to read his LTC 16 that he received in his class that was taken a couple of months ago.
Texas LTC Instructor, NRA pistol instructor, RSO, NRA Endowment Life , TSRA, Glock enthusiast (tho I have others)
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gtolbert09
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Re: CARRY QUESTION

#24

Post by gtolbert09 »

One thing to keep in mind. If your employer prohibits firearms as company policy, you could be terminated for having it in your car while at work. Remember Texas is an at will employment state and violating company policy can lead to termination.
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Grundy1133
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Re: CARRY QUESTION

#25

Post by Grundy1133 »

gtolbert09 wrote:One thing to keep in mind. If your employer prohibits firearms as company policy, you could be terminated for having it in your car while at work. Remember Texas is an at will employment state and violating company policy can lead to termination.
or just conceal it and not worry about it... i think people are digging way too deep into this topic... unless you work at the exceptions listed in the penal code, just conceal your gun and leave it in your car. Don't tell anyone it's there. just leave it and go about your day.
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WTR
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Re: CARRY QUESTION

#26

Post by WTR »

twomillenium wrote:Tell your "friend" to read his LTC 16 that he received in his class that was taken a couple of months ago.

My " friend" does not have a LTC.
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Re: CARRY QUESTION

#27

Post by Keith B »

gtolbert09 wrote:One thing to keep in mind. If your employer prohibits firearms as company policy, you could be terminated for having it in your car while at work. Remember Texas is an at will employment state and violating company policy can lead to termination.
Actually, as long as it stays in the car in the designated parking lot, they can't.
Keith
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gtolbert09
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Re: CARRY QUESTION

#28

Post by gtolbert09 »

Keith B wrote:
gtolbert09 wrote:One thing to keep in mind. If your employer prohibits firearms as company policy, you could be terminated for having it in your car while at work. Remember Texas is an at will employment state and violating company policy can lead to termination.
Actually, as long as it stays in the car in the designated parking lot, they can't.
My employer bans firearms on their property including the parking lots\garages. We have to read and sign an Employee code of conduct every year that states no firearms on the property. We can be terminated if they find out you have a firearm in you vehicle on their property. Btw, the HQ is in NY.
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Re: CARRY QUESTION

#29

Post by Keith B »

gtolbert09 wrote:
Keith B wrote:
gtolbert09 wrote:One thing to keep in mind. If your employer prohibits firearms as company policy, you could be terminated for having it in your car while at work. Remember Texas is an at will employment state and violating company policy can lead to termination.
Actually, as long as it stays in the car in the designated parking lot, they can't.
My employer bans firearms on their property including the parking lots\garages. We have to read and sign an Employee code of conduct every year that states no firearms on the property. We can be terminated if they find out you have a firearm in you vehicle on their property. Btw, the HQ is in NY.
Doesn't matter where HQ is and what they put in the employee manual. In Texas they cannot legally keep you from having a firearm in the vehicle unless your company meets one of the excluded types. See https://legiscan.com/TX/text/SB321/2011
and https://www.littler.com/guns-vehicles-c ... owed-texas

And the AG was wanting names of companies that were not allowing employees to keep firearms in vehicles back shortly after the bill went into effect.
Keith
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twomillenium
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Re: CARRY QUESTION

#30

Post by twomillenium »

WTR wrote:
twomillenium wrote:Tell your "friend" to read his LTC 16 that he received in his class that was taken a couple of months ago.

My " friend" does not have a LTC.
Then show him how to download it. Then he just might get an LTC. If not, your "friend" would have a better understanding of the laws concerning carry. Sounds as if they might be interested, plant the seed and reap the harvest.
Texas LTC Instructor, NRA pistol instructor, RSO, NRA Endowment Life , TSRA, Glock enthusiast (tho I have others)
Knowledge is knowing a tomato is a fruit, wisdom is knowing not to add it to a fruit salad.

You will never know another me, this could be good or not so good, but it is still true.
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