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Texas gun law concealed and open carry quirks ...

778 Views 14 Replies 6 Participants Last post by  BigNastyCowboy
... at least to me.

Here's the bullet points from the penal code, simplified:

There are places where conceal AND open carry are prohibited. I won't go into those.

Private businesses (and now churches) can prohibit either conceal or open or both.

To do so, the owner or an apparent representative of the owner must give notice.

Notice can be given in four (4) ways:

1.) Verbally - this sounds like the "trespass" rule of law where a business can ask you to leave, but because it involves a firearm, failure to comply elevates the infraction.

2.) By a card. The card must contain the exact wording of penal code 30.06 or 30.07 or both.

3.) Via a document. The document must contain the exact wording of penal code 30.06 or 30.07 or both.

4.) By signage displayed prominently on the property. The wording must be precisely the same as 30.06 or 30.07 with letters on contrasting background, 1 inch high and repeated in Spanish.

If a business posts only a 30.06, that means no concealed weapons, but open carry is OK.

If a business posts only a 30.07, that means conceal carry only.

If a business displays both 30.06 and 30.07, it's a gun-free zone.

--

I went to Dick's today. It has no signage on its doors. That means I can carry conceal and open, right?

Nope. :wink:

It's physically connected to a humongous mall that is a gun-free zone.

A business only needs signage at one place (the mall has too many entries for me to count accurately) and that signage applies to the entire property.

A defense is that a person did not see any signs. That will work one time only, and the person carrying must exit immediately. Because I have been to that mall, I know that there are signs that make it gun-free. That's why I don't usually go there, but I just had to see the inside of a Dick's store.

They don't have any products that interest me. I asked for the manager and pulled him aside (nice guy) and verified that Dick's is a gun-free zone. He started to apologize and I stopped him. I don't care. I obey the law.

I did point out to him that there was a sign that said, "Please check all weapons at the front desk." :eek:ut:

He said he never noticed. It's a holdover from the days when they used to sell guns.

--

30.06 - conceal carry

"Pursuant to Section 30.06, Penal Code (trespass by license holder with a concealed handgun), a person licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter this property with a concealed handgun"

(insert same wording here in Spanish for public signage)

30.07 - open carry

"Pursuant to Section 30.07, Penal Code (trespass by license holder with an openly carried handgun), a person licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter this property with a handgun that is carried openly"

(insert same wording here in Spanish for public signage)

Examples:

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Good information for all the new immigrants to our great state from elsewhere Big Nasty.
Just hope they all came here for freedom from the tyranny of oppressive progressive states they came from, and not just our business climate and taxes
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Malls in TX are GFZs?
Who's a thunk?
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Good information for all the new immigrants to our great state from elsewhere Big Nasty.
Just hope they all came here for freedom from the tyranny of oppressive progressive states they came from, and not just our business climate and taxes
Here's another interesting blurb:

Subject to the requirements of federal firearms law, and if not otherwise ineligible, resident aliens and certain nonimmigrant aliens who are legally present in the United States may obtain the license.
Since the right to keep and bear arms is a universal right, of course those legally here, citizen or not, including non-immigrant aliens, have the right to defend their lives as well. Every person not in prison in the United States is protected by the 2nd Amendment - well, even those in prison. They can own guns but they just can't get to them while in prison.
Malls in TX are GFZs?
Who's a thunk?
if a city is big enough to have a mall....or a dicks...then the probability is high the city is blue.....high population centers in TX like the rest of this country tend to be democrat.

tack on that a lot of mall owners are probably from out of State.........and the chain stores in malls have ownership in less friendly States.
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Other than government buildings, I've never seen a place that banned me from carrying my concealed weapon. If any of the places I've been have such signs, I never saw them... Should owners or management from any such place ever point out that they are gun-free zones and ask me to leave, I will do so right away.

But I carry my gun concealed so I don't know why any shop manager would ever approach me and say such a thing.
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Other than government buildings, I've never seen a place that banned me from carrying my concealed weapon. If any of the places I've been have such signs, I never saw them... Should owners or management from any such place ever point out that they are gun-free zones and ask me to leave, I will do so right away.

But I carry my gun concealed so I don't know why any shop manager would ever approach me and say such a thing.
You wouldn't be asked to leave. You're carrying concealed and not projecting/imprinting.
But if you defend yourself in a shooting at such a place, not being Law Enforcement, you might be hailed a Hero at first and then charged with committing a crime for carrying in a gun free zone.

It happened here where I live where the gun owner asked for permission from a photo shop to take pictures of him at their studio at the Mall which was a gun free zone. He had the permission from the Photo Shop owner. Going to the Mall with his weapons unloaded and going into the Photo Shops private outside entrance, he was spotted by shoppers who called police and was arrested before entering the shop. He was an active duty soldier and tried to explain what was going on, but he was instead hauled off to jail. 6 months later and a lot of money got him out of the charges with help from the Photo Shop Owner. But then kicked out of the Army. Go figure what trying to do the right thing will get you.
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You wouldn't be asked to leave. You're carrying concealed and not projecting/imprinting.
But if you defend yourself in a shooting at such a place, not being Law Enforcement, you might be hailed a Hero at first and then charged with committing a crime for carrying in a gun free zone.

It happened here where I live where the gun owner asked for permission from a photo shop to take pictures of him at their studio at the Mall which was a gun free zone. He had the permission from the Photo Shop owner. Going to the Mall with his weapons unloaded and going into the Photo Shops private outside entrance, he was spotted by shoppers who called police and was arrested before entering the shop. He was an active duty soldier and tried to explain what was going on, but he was instead hauled off to jail. 6 months later and a lot of money got him out of the charges with help from the Photo Shop Owner. But then kicked out of the Army. Go figure what trying to do the right thing will get you.
The police were called and he was arrested before he got in the shop? There's got to be more to this. Any links?

In any case, I don't know about North Carolina law but, in Oklahoma law, it's a trespassing charge but only if you don't leave when asked.
Malls in TX are GFZs?
Who's a thunk?
Beaumont, Texas has precisely one. Spreading that across an entire state introduces a very large sampling error. ymmv :wink:
if a city is big enough to have a mall....or a dicks...then the probability is high the city is blue.....high population centers in TX like the rest of this country tend to be democrat.

tack on that a lot of mall owners are probably from out of State.........and the chain stores in malls have ownership in less friendly States.
You do have a kinda sorta point.

Many corporations have gun policies that are consistent nation-wide. That way, the business can shuffle people around easily without having to abide bu local nuances.

Others state they honour local and state laws on guns. It's up to the business to make that decision.
But I carry my gun concealed so I don't know why any shop manager would ever approach me and say such a thing.
Here in Texas, some shop owners have said such a thing when someone complains that they know a person has a gun. Conceal reveal happens. :wink:
You wouldn't be asked to leave. You're carrying concealed and not projecting/imprinting.
But if you defend yourself in a shooting at such a place, not being Law Enforcement, you might be hailed a Hero at first and then charged with committing a crime for carrying in a gun free zone.

It happened here where I live where the gun owner asked for permission from a photo shop to take pictures of him at their studio at the Mall which was a gun free zone. He had the permission from the Photo Shop owner. Going to the Mall with his weapons unloaded and going into the Photo Shops private outside entrance, he was spotted by shoppers who called police and was arrested before entering the shop. He was an active duty soldier and tried to explain what was going on, but he was instead hauled off to jail. 6 months later and a lot of money got him out of the charges with help from the Photo Shop Owner. But then kicked out of the Army. Go figure what trying to do the right thing will get you.
There are cases where a person has legally defended themselves with a weapon in a gun-free-zone in Texas and was no-billed. One guy simply pulled his weapon.

While the self-defense stood, the guy violated Texas law and lost his LTC.

It's a risk assessment.
There are cases where a person has legally defended themselves with a weapon in a gun-free-zone in Texas and was no-billed. One guy simply pulled his weapon.

While the self-defense stood, the guy violated Texas law and lost his LTC.

It's a risk assessment.
In some cases, drawing a gun has gotten people jailed for brandishing in circumstances where they could have legally shot and killed an attacker. In Florida a woman got 20 years for a warning shot where she would have likely got off for shooting her abusive husband. Or this case where a Detroit woman was jailed for 2 years for brandishing a firearm in a case where she could have legally shot the man trying to kill her child.
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In some cases, drawing a gun has gotten people jailed for brandishing in circumstances where they could have legally shot and killed an attacker. In Florida a woman got 20 years for a warning shot where she would have likely got off for shooting her abusive husband. Or this case where a Detroit woman was jailed for 2 years for brandishing a firearm in a case where she could have legally shot the man trying to kill her child.
Texas penal code covers that stuff in detail. The words "brandish" and "printing" do not appear there.

If a person pulls a gun for reasons other than to address a proportional threat, they break the law.
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