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Conceal carry question

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  • TXB4Z

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    Feb 28, 2008
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    Austin, Tx
    I work out at 24 Hour Fitness and on the membershp policies paper I got it says "No weapons of any kind are permitted in 24 Hour's Facilities." But they don't have any type of sign on their door saying this. Can I legaly carry in there being that they don't have the proper sign on their entrance?

    I don't plan to carry on in there but rather keep it in my back pack locked up in a locker. I don't like the idea of leaving it in my car while parked outside at night.
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    htxred

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    Apr 6, 2008
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    it'll void the contract if they find out but as far as having you arrested for unlawful carry, i think the answer is no.

    i rather just keep it in a bag with me, thats what i do now. the lockers get broken into just as much as the cars out front.
     

    hoytinak

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    Mar 5, 2008
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    If they found out, they could ask you to leave and void the contract. The only way you'd get arrested is if you didn't leave when they asked you to, and you could be arrested for criminal trespass.

    I also keep it in my bag right next to me at all times, lockers get broken into to too often.
     

    DoubleActionCHL

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    Jun 23, 2008
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    Spring, Texas
    Assuming the language in the membership policy doesn't meet the requirements of TPC 30.06, you're fine:
    "PURSUANT TO SECTION 30.06, PENAL CODE (TRESPASS BY HOLDER OF A LICENSE TO CARRY A CONCEALED HANDGUN) A PERSON LICENSED UNDER SUBCHAPTER H, CHAPTER 411, GOVERNMENT CODE (CONCEALED HANDGUN LAW), MAY NOT ENTER THIS PROPERTY WITH A CONCEALED HANDGUN."
    If you are 'made', it is within their rights to revoke your membership, but in the absence of the specific TPC 30.06 language in a written notification OR verbal notification from an owner or agent with apparent rights to act on behalf of the owner (manager, assistant manager), you're breaking no laws. Any signage must also meet specific requirements defined in TPC 30.06.

    However, I would be very cautious of storing in either your car or your locker at a gym. While I can't speak for 24 Hour Fitness, I know that LA Fitness (I-45 and Cypresswood) had frequent vehicle AND locker break ins. Management would smile and lie, telling you they had no security problems while Precinct 4 Constables told me they were up there about every other night for vehicle or locker break ins. They broke into my pickup and stole a portable gun safe (empty) that was cable-locked to a seat bracket (bolt cutters, I suspect). A couple of weeks later, my wife walked back into the ladies locker room after swimming, where someone had cut the locks off several lockers and removed the contents in the middle of the day. Management was completely unconcerned.
     

    idleprocess

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    Feb 29, 2008
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    DFW.com
    I bought a fanny pack holster. You can slip your keys, wallet and Ipod in there and no one gives it a second look.

    Given that fanny packs are no longer popular, I notice them every time I see one - especially if it looks like it has provisions for, er, "quick access."

    Flip side of that is that I know why they're still popular with a select group...
     

    DoubleActionCHL

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    Jun 23, 2008
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    Given that fanny packs are no longer popular, I notice them every time I see one - especially if it looks like it has provisions for, er, "quick access."

    Flip side of that is that I know why they're still popular with a select group...

    It's true that people will look at you and suspect that you're carrying a gun, gay or hopelessly stuck in the 80s. I like to keep 'em guessing.
     

    T3hk1w1

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    Jun 27, 2008
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    I have 3 fanny packs but they are all camo. Does that make me gay??? :confused: Of course, they are all so full of hunting stuff that I couldn't fit a gun in there anyway :rolleyes:
     

    Jeff

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    Nov 13, 2008
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    My wife won't even be seen with me wearing my fanny pack. We actually ran up to the grocery store this evening and while in the car she tried to tell me it was a purse, it was feminine, blah blah blah... and that even if it is convenient, comfortable, etc.. - it'd take too long to get to my gun in an attack/defense situation. That is, until I showed her that not only does it have a holster inside of it but a quick release drawstring. Once I was able to demonstrate just how fast I can access my piece, on cue, she didn't say a word after seeing me rip open the entire damn thing with one slight of hand and draw my Glock. Up until that point she was going on about how long it'd take to unzip it, find the gun...blah blah you get the point.

    Back on topic, you guys sure about this? I know all establisments must post the proper 30.06 sign but would this not be along the lines of a company not allowing their employees to carry into the company building? They don't have to have signs if it's in their company policy correct? Would this not be a similar instance?
     

    DoubleActionCHL

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    Jun 23, 2008
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    Back on topic, you guys sure about this? I know all establisments must post the proper 30.06 sign but would this not be along the lines of a company not allowing their employees to carry into the company building? They don't have to have signs if it's in their company policy correct? Would this not be a similar instance?

    Unless they included in the contract the identical language referenced in TPC 30.06, it would not constitute criminal trespass by a license holder. References in a contract (not in compliance with TCP 30.06) whereby you agree to not possess a weapon on the premises will not be met with criminal action unless you're 'made,' notified by the owner or an individual with apparent authority to act for the owner, and refuse to leave. Otherwise, it's strictly a civil matter and will most likely result in you losing your membership, if anything at all.

    Concealed means concealed.
     

    Jeff

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    Nov 13, 2008
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    Unless they included in the contract the identical language referenced in TPC 30.06, it would not constitute criminal trespass by a license holder. References in a contract (not in compliance with TCP 30.06) whereby you agree to not possess a weapon on the premises will not be met with criminal action unless you're 'made,' notified by the owner or an individual with apparent authority to act for the owner, and refuse to leave. Otherwise, it's strictly a civil matter and will most likely result in you losing your membership, if anything at all.

    Concealed means concealed.

    Got ya. That's why I like my fanny pack - zero chance of my gun being seen. Of course I conceal just fine with an IWB holster, but there's still a slim chance of my shirt being pulled up while bending over or something of that nature, so in other words it's not in an enclosed bag like a fanny pack where there is zero chance of a mistake. I still almost always carry with my Uncle Mikes IWB holster as it's the most convenient really. That and I'm most comfortable and have the most practice/experience with.

    What I'd next question regarding their contract/policy if I were to ever use the gun on their property, I could see the prosecution using the rules and signed contract of the establishment against me; not if but when I'd be prosecuted for, God forbid, ever being forced to use my weapon to defend my life. Lightly put with the latest presidential administration we will now be judged much more harshly than criminals and really even now such a statement rings true. Locals know the story of Joe Horn, though unrelated to concealed carry we saw the hell he was put through. I've never seen so much regret in a man his age for doing what he knew and believed was the right thing to do. Even after he was entirely cleared you could hear and see the regret in him; though if he hadn't acted that way who knows what would've happened. We all know that if we are ever forced to fire to save our lives we'll be judged and put under a microscope. Sure the defense could shoot down the contract or "rules" quite easily but the jury will still hear it and it'll still be used against you. (don't get me wrong though, this is not at all a reason not to carry, IMO..) You can argue you'd rather be "judged by twelve than carried by six" all day long but it's still something to consider when carrying in the first place. Same thing you must consider when you're carrying in legally restricted areas such as the 46.03 "Places Weapons Prohibited..." Gotta weigh protecting your life regardless of the consequences or give up your rights to defending yourself. Of course, in some instances there may be metal detectors or it may be likely that you will be searched so in such a case it'd be just plain stupid - like carrying into the secure location of an airport where you would pass through a metal detector, etc.

    That said, personally I would definitely carry in this situation. You might even consider getting one of those undershirts that have a holster built into them. Can't remember the brand name but I could find it if needed. You just never know when something will happen that threatens your life or the lives of the innocent and having a gun in your locker or even worse, your car, won't do a damn thing.
     
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