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Governor Perry was busy yesterday

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  • Douva

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    Apr 29, 2013
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    My boss marked our shop with huge "Not open to the public" signs so his employees can smoke. So will open carry be allowed there now? He allows us to legally carry in or vehicles or on our person all ready.

    I equate this to thinking that a "Not responsible for damaged windshields" sign on the back of a gravel truck actually absolves the operator of liability for the constant spray of rocks streaming from his uncovered bed. The real question in determining whether your shop is a "public place" is whether or not it's open to customers. The sign is more or less irrelevant.

    As for smoking, that's a municipal ordinances, so it's going to depend on the law where you live, but I seriously doubt the sign will have any bearing on the situation. For example, the City of Austin ordinance bans smoking "in an enclosed area of a workplace," with no mention of whether or not the workplace is open to the public.
     

    M. Sage

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    I equate this to thinking that a "Not responsible for damaged windshields" sign on the back of a gravel truck actually absolves the operator of liability for the constant spray of rocks streaming from his uncovered bed. The real question in determining whether your shop is a "public place" is whether or not it's open to customers. The sign is more or less irrelevant.

    As for smoking, that's a municipal ordinances, so it's going to depend on the law where you live, but I seriously doubt the sign will have any bearing on the situation. For example, the City of Austin ordinance bans smoking "in an enclosed area of a workplace," with no mention of whether or not the workplace is open to the public.

    I know this is getting off topic but...

    Those signs make me laugh. Guarantee if a rock falls off one of those trucks and cracks my windshield one day, the company who owns the truck is going to buy me a windshield.
     

    Dred

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    The open carry on private property brings up the question of "how do employees in the LGS OC while at work"?

    The LGS situation is covered by the right of those in control of a property to dictate what happens on that property. In the LGS, the owner has given permission (often mandates as part of a uniform) the employees to carry on their property. I don't know from the Sept 1 law, but: I do know that when I'm cutting my front yard and remove my cover garment, I do not remove my pistol. I have had several conversations with local police patrolling the neighborhood while essentially open carrying in my front yard. No officer has ever flinched or even mentioned my sidearm beyond asking about it the same as any of y'all might (fancy shoes and all).

    These are the same officers that reach for and/or draw their sidearms if my dog is off leash. At least where I live, I don't perceive a problem on my property wether I'm behind a fence or mowing the front yard.
     

    doncom

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    Feb 9, 2013
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    The LGS situation is covered by the right of those in control of a property to dictate what happens on that property. In the LGS, the owner has given permission (often mandates as part of a uniform) the employees to carry on their property. I don't know from the Sept 1 law, but: I do know that when I'm cutting my front yard and remove my cover garment, I do not remove my pistol. I have had several conversations with local police patrolling the neighborhood while essentially open carrying in my front yard. No officer has ever flinched or even mentioned my sidearm beyond asking about it the same as any of y'all might (fancy shoes and all).

    These are the same officers that reach for and/or draw their sidearms if my dog is off leash. At least where I live, I don't perceive a problem on my property wether I'm behind a fence or mowing the front yard.

    That's what I have understood in the past, but got confused with all the BBQ stuff, that the new legislation would, for the first time, enable a property owner to give someone else permission to OC on their property. Seems to me like that has already been happening at the LGS.
     

    Younggun

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    Keep in mind this will only apply to CHL holders.

    The LGS thing has nothing to do with this law.
     

    Renegade

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    If the mean the sake thing, why did the legislators change the wording? Why strike out "fail to conceal" and add "display"?

    Because the are not the same. Display is a higher standard.

    If you recall the original bill made OC legal, unless it was DO. What passed was just a compromise.
     

    txinvestigator

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    The LGS situation is covered by the right of those in control of a property to dictate what happens on that property. In the LGS, the owner has given permission (often mandates as part of a uniform) the employees to carry on their property.
    Actually current law makes no provision for a person to carry a handgun in any condition with permission of the owner. Gun store and gun range employees carry under penal code 46.02, being in control of the premises.


    [Quote I don't know from the Sept 1 law, but: I do know that when I'm cutting my front yard and remove my cover garment, I do not remove my pistol. I have had several conversations with local police patrolling the neighborhood while essentially open carrying in my front yard. No officer has ever flinched or even mentioned my sidearm beyond asking about it the same as any of y'all might (fancy shoes and all). [/quote] It is legal to carry there because penal code 46.02 makes it lawful to carry on your own premises. For the purpose of 46.02, premises means real property.

    These are the same officers that reach for and/or draw their sidearms if my dog is off leash. At least where I live, I don't perceive a problem on my property wether I'm behind a fence or mowing the front yard.

    Again, see penal code 46.02
     

    txinvestigator

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    That's what I have understood in the past, but got confused with all the BBQ stuff, that the new legislation would, for the first time, enable a property owner to give someone else permission to OC on their property. Seems to me like that has already been happening at the LGS.

    No, it was not happening with your gun store.

    Penal code 46.02 prohibits the carry of handguns in general, but allows a person "in control of the premises" to carry a handgun. There is no exception for a person to carry a handgun with permission of the owner.
     

    Bladed

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    Apr 28, 2013
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    Translation: if you live in Austin you're fucked...

    Actually, San Antonio and Corpus Christi are the main ones. San Antonio bans locking-blade knives, and Corpus Christi specifically bans switchblades (as well as fixed-blade knives and any knife with a blade of three inches or longer). Houston bans switchblades on municipal property.
     

    Bladed

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    Apr 28, 2013
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    I thought Texas had preemption laws regarding weapons?

    As someone already pointed out, Texas's preemption law only applies to firearms. Freshman Representative Jonathan Stickland (R-Bedford) carried a bill (HB 1299) that would have added knives, personal defense sprays, and electric stun guns to the list of preempted weapons, but it fell victim to infighting at the Capitol. Rep. Dutton was asked to allow the language as an amendment to his switchblade bill, but he refused.
     

    txinvestigator

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    Actually, San Antonio and Corpus Christi are the main ones. San Antonio bans locking-blade knives, and Corpus Christi specifically bans switchblades (as well as fixed-blade knives and any knife with a blade of three inches or longer). Houston bans switchblades on municipal property.
    I was a cop in Corpus for a decade. I never arrested, or did I ever become aware of someone being arrested for a municipal ordinance violation regarding knives. Hell, I cannot recall even knowing the specific city knife laws.

    I know cops still on the force after 30+ years. They report the same.

    These municipal violations are all class C misdemeanors, punishable by a fine only.
     

    Bladed

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    I was a cop in Corpus for a decade. I never arrested, or did I ever become aware of someone being arrested for a municipal ordinance violation regarding knives. Hell, I cannot recall even knowing the specific city knife laws.

    I know cops still on the force after 30+ years. They report the same.

    These municipal violations are all class C misdemeanors, punishable by a fine only.

    Yes, municipal ordinances are punishable by a fine only, but that doesn't necessarily mean the violator will simply be ticketed. The person violating the ordinance can still be arrested and booked prior to the assessment of a fine.

    I appreciate being offered the benefit of your experience, but I don't plan on risking an arrest and a $500 fine on the assumption that every cop in Corpus Christi takes the same relaxed attitude toward knives that you did (particularly when we're talking about switchblades, which have been illegal in Texas since before 99.9% of active police officers were born).
     

    Jakashh

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    colt posted this on their Facebook page

    Texas Governor Rick Perry visits Colt HQ

    Texas Governor Rick Perry (R) visited Colt's headquarters in West Hartford, CT today. During his stop he met with Colt leadership and employees, toured the factory and tested some of the most popular Colt handgun and rifle models.

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    Didn't know colt made a 7.62x39 AR

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