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Re: Wives question of liability.

Posted: Tue May 07, 2013 3:57 pm
by gigag04
RoadRunnerTR21 wrote: You can't fix stupid pretty much sums it up. I'd rather be tried by 12 knowing I took a chance in saving my family rather than place in the ground by 6.
Meaning what exactly in regards to criminal trespass?

Re: Wives question of liability.

Posted: Tue May 07, 2013 4:23 pm
by Keith B
MamaK wrote:I haven't yet found any case law =/ but I did find these.

http://www.myfoxhouston.com/story/18661 ... z1yHxsVyFn" onclick="window.open(this.href);return false;
CHL holder fired shot that killed store clerk.

CHl holder killed at COstco
http://www.mynews4.com/news/story/Famil ... qeD8w.cspx" onclick="window.open(this.href);return false;

Pharmacist Fired For Self Defense SHooting at Walgreens
http://www.gunsandammo.com/2011/09/22/w ... s-robbery/" onclick="window.open(this.href);return false;
These are totally different scenarios, and only the first one was in Texas. The first one did not prohibit the CHL from carrying, but he ended up firing the fatal shot. The second was a patron of the store, but refused to leave initially when asked to and ended up being killed by responding police due to a chain of events that should never have been forged. On the 3rd one, it is strictly a case of employer policy being broken and him being fired, so there is not really a leg to stand on other than he can still stand because he is alive.

Re: Wives question of liability.

Posted: Tue May 07, 2013 4:35 pm
by bdickens
mewalke wrote:If my poor memory serves me right the Frisco location does have a 30.06 sign posted - but I really had to look for it. I only remember because I had a discussion with my wife that I wouldn't be able to carry in the store once I got my CHL.

It seems rather obvious to me, but if you " really had to look for" the 30.06 sign, then it hardly meets the statutory requirement of being conspicuously posted now does it?

Re: Wives question of liability.

Posted: Tue May 07, 2013 8:44 pm
by texanjoker
You can sue anybody but that doesn't mean you will win, or even find an attorney to take the case. As in the case #2 in question, they tried federal court. In federal court, the preferred method of a law suit against the police, you receive all lawyer fees paid if you win. Attorneys love it. They obviously withdrew as they didn't have a leg to stand on.

I personally don't see a business being liable for not allowing us to carry. I could see them liable if you get hurt in their store as there is some expectation of safety in a store.

Re: Wives question of liability.

Posted: Tue May 07, 2013 9:10 pm
by rotor
The number of chl holders is growing so fast that these stores will suffer financially if they 30-06. I would shop elsewhere for now regardless of the "deal" and the $ sign always influences a business. Money talks.

Re: Wives question of liability.

Posted: Wed May 08, 2013 9:21 am
by txglock21
Even though I live in DFW area, my only trip to IKEA was in Houston (on vacation). I haven't been to the Frisco one. I don't know if posted at that location, I have no reason to go there or any IKEA's. I'm not trying to "dis" them, but I didn't go in (because of 30:06) and my wife said she was not impressed at all. To each his own.

Re: Wives question of liability.

Posted: Wed May 08, 2013 2:14 pm
by mewalke
bdickens wrote:
mewalke wrote:If my poor memory serves me right the Frisco location does have a 30.06 sign posted - but I really had to look for it. I only remember because I had a discussion with my wife that I wouldn't be able to carry in the store once I got my CHL.

It seems rather obvious to me, but if you " really had to look for" the 30.06 sign, then it hardly meets the statutory requirement of being conspicuously posted now does it?
I wouldn't want to patronize the location regardless if they are following the "conspicuously posted" language. And just because it is obvious to you doesn't mean it would be just as obvious to a prosecutor. If a store has gone through the effort to post 30.06 in any way, and I have an alternative I will not spend my money there.

Re: Wives question of liability.

Posted: Wed May 08, 2013 4:31 pm
by bdickens
:txflag: Drive on and do what you think you need to do.

Re: Wives question of liability.

Posted: Wed May 08, 2013 5:17 pm
by EEllis
texanjoker wrote:
I personally don't see a business being liable for not allowing us to carry. I could see them liable if you get hurt in their store as there is some expectation of safety in a store.
They aren't liable just because you got hurt. They are liable when some negligence of theirs plays a part in you getting hurt. Now we might see not letting a chl carry as obvious negligence if they don't have some "security" to compensate but, since chls are in the single digit percentage wise even here in Texas, it would be a hard case to get a court to buy.

Re: Wives question of liability.

Posted: Wed May 08, 2013 6:48 pm
by myntalfloss
IKEA posted the 30.06 after numerous people pulled guns on the employees demanding that they be shown the way out of that labrynith.

:anamatedbanana

Re: Wives question of liability.

Posted: Wed May 08, 2013 6:51 pm
by jmra
myntalfloss wrote:IKEA posted the 30.06 after numerous people pulled guns on the employees demanding that they be shown the way out of that labrynith.

:anamatedbanana
"rlol"