Saturday, January 9, 2016

 
TEXAS OPEN CARRY
 
To say the least, this is a mess.  If you speak to the greeters on Boca Chica for Walmart they will tell you there is no Open Carry allowed and then point you to a confusing sign.  According to press reports Walmart has adopted a policy of only allowing law enforcement to open carry.  But press reports also indicate the greeters are to inform the manager in charge if anyone enters the store with a visible gun.  The manager in charge is then to demand to see a license to carry a gun.  The manager will then decide what to do.  If this is in fact what Walmart's policy is, it is going to make for a lot of angry people on both sides of the debate.
 
Press reports indicate other stores are banning Open Carry but do not intend to post signs.  Store personnel are to just ask the person to leave.  This is not going to work.
 
THE ABSURDITY
 
USA Today is reporting that the 10 State Mental Health facilities are required to allow visitors to bring guns into the facility.  Yes, that is right - if you are a visitor to one of the 10 mental health facilities you are allowed to being in a gun which will be in plain sight for the mental health patients to see.
 
Texas AG Paxton has issued an AG opinion which requires any building with a mixed use of courts and non-courts allow for open carry.  The key is the person cannot walk into the courtroom.  They can stand outside the door and when it opens just shoot the judge, or anyone else for that matter.
 
LITIGATION IS CERTAIN TO FOLLOW
 
With these absurd results someone is going to file for declaratory relief as to how the law works.  For now to the small business owner all I can say is go to the Brownsville Police for guidance. 

2 comments:

Anonymous said...

Walmart has signs posted that indicated that" an unlicensed handgun is not allowed into the store" but the big WORD is unless the "the handgun and the person is licensed in pursuant to the Carry laws".

You got to read the language carefully to understand the intentions of the author who wrote the signs. I sure that Walmart had their million dollars attorneys look at these signs before posting.

If management starts signaling people out with a licensed handgun on their hips and are asking them to leave the store without the proper legal signage at the doors. Then I think Walmart is opening themselves to liability issues that may include discrimination lawsuits violating someone's rights under the Texas Government Code and the Occupations Code. If they do not want guns in their store then post the proper signage that's required by law. That will take of the problem once and for all....

Just a note, if a licensed carrier is asked to leave by management or by police...the licensed carrier cannot not be filed on for any criminal charges unless he or she refuses to leave. Then under Texas Penal Code 30.06 or 30.07 can be filed!!!!

But again...the law states that a sign 'SHALL' be posted.

Anonymous said...

my take on wal-mart policy..my take..it is unlawful to posses for an unlicensed person to posses a firearm whete alcohol is sold..wal-mart sells alcohol..they have to make sure any person that walks in carrying does so legaly..if you are licensed..go about shopping..you forgot your licensw in the car..go get it..its at home..you may leave your firearm in your vehicle where someone may spo you and break into your car and...you know the rest..thats something else to keep in mind if you wanna open carry..what you gonna do when its not allowed..walak back to the car..store under seat trunk..nice safe bolted in the trunk