This thread has raised more questions for me than it settled. I appreciate all of the replies.
It seems that many (perhaps most) feel that gun stores are in a questionable legal area by having employees open carry.
On the one hand, they obviously have the owners permission thereby satisfying the 'control of property' portion of PC §46.02. But at least in some since they may also be responsible for security, therefore they might be violating OCC §1702.161.
I suppose they are two arguments that could be used to minimize the connection to OCC §1702.161.
1. The are probably not required to carry - openly or concealed.
2. They are not hired as security guards. They are hired as salesmen and/or counter personnel, etc. They are not forbidden, however, from protecting themselves including the visual display of a self defense weapon.
If these are valid justifications for this in a gun store, then they would also be applicable to tellers in a bank.
I suppose there is a third argument that would not apply to the bank ... and that is employees open carrying in a gun store are, in essence, a walking advertisement for the business that employs them.
I am really interested in hearing more legal analysis of this. Perhaps Mr. Cotton and Mr. Rothstien or other legal minds would care to weigh in.
