HEB an 30.07

[bdee]

Btw, welcome to the forum.

 

[Recoil45]

Well, HEB still decides who can and cannot shop there. This is directly from there terms and conditions:



Just as you could refuse a stranger at the door for your house party, HEB can refuse anyone at anytime for any reason at their discretion. I would say "public" and "private" does not accurately represent this situation.

They cannot based on many things such as race, religion, sexual orientation, etc. When you open your property to the public you give up many of your property rights. There are years on case law on this. This topic has been beaten to death on this forum over and over, so last post from me.

 

[bones_708]

They cannot based on many things such as race, religion, sexual orientation, etc. When you open your property to the public you give up many of your property rights. There are years on case law on this. This topic has been beaten to death on this forum over and over, so last post from me.

Thank god because even though some want it to be, gun toting is not a protected class. So until there is written law requiring businesses to allow guns, worrying about it is just pointless. And by the way the attempt to pass such a law would be DOA and political suicide because there is just no real support for such a thing.

 

[Mowingmaniac 24/7]

I'm probably not going to OC, (I might, I'm still on the fence) but I'm relieved that if my unbuttoned vest pops open in the wind and my Glock 19 is exposed, no worries.

Or, while shopping inside a business, it's accidentally viewed if my arm movement causes my vest to open enough to expose it.

I applaud you/me that at least try to get HEB to change their policy in regard to OC.

Bear in mind though, they aren't anti-gun. They're pro-grocery selling and think OC will scare off more customers than OC will attract.

They're prohibiting OC for purely marketing considerations, not anti-gun reasons.

Are they right/wrong?

Doesn't matter.

By law they get to make that decision.

Take your grocery money elsewhere.

 

[DubiousDan]

Went to my local HEB last night (I-10 and Wurzbach) and went in the main entrance and didn't see any posting and was pleased. However while there I checked a secondary entrance (one that is locked at 10PM) and it was posted 30 07, English on one side of the door and spanish on the other. There is another secondary entrance near the pharmacy but I didn't think to check it.

 

[Mreed911]

I'm probably not going to OC, (I might, I'm still on the fence) but I'm relieved that if my unbuttoned vest pops open in the wind and my Glock 19 is exposed, no worries.

Or, while shopping inside a business, it's accidentally viewed if my arm movement causes my vest to open enough to expose it.

I applaud you/me that at least try to get HEB to change their policy in regard to OC.

Bear in mind though, they aren't anti-gun. They're pro-grocery selling and think OC will scare off more customers than OC will attract.

They're prohibiting OC for purely marketing considerations, not anti-gun reasons.

Are they right/wrong?

Doesn't matter.

By law they get to make that decision.

Take your grocery money elsewhere.

Agreed. Worth the push so they know what they're losing, but my money goes elsewhere. I'll mail them a copy of my receipt with the No CHL No Money card.

 

[Shotgun Jeremy]

Moms Demand covered this as a victory. Now they're getting all sorts of Facebook praise on the HEB page.

Sent from my SM-T230NU using Tapatalk

 

[Hoji]

HEB on William Cannon and I35 have it posted as well.

 

[DarkwingDuck]

Went to my local HEB last night (I-10 and Wurzbach) and went in the main entrance and didn't see any posting and was pleased. However while there I checked a secondary entrance (one that is locked at 10PM) and it was posted 30 07, English on one side of the door and spanish on the other. There is another secondary entrance near the pharmacy but I didn't think to check it.

Sec. 30.07. TRESPASS BY LICENSE HOLDER WITH AN OPENLY CARRIED HANDGUN.
(a) A license holder commits an offense if the license holder:

(1) openly carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, on property of another without effective consent; and​

(2) received notice that entry on the property by a license holder openly carrying a handgun was forbidden.​

(b) For purposes of this section, a person receives notice if the owner of the property or someone with apparent authority to act for the owner provides notice to the person by oral or written communication.
(c) In this section:

(1) "Entry" has the meaning assigned by Section 30.05(b).
(2) "License holder" has the meaning assigned by Section 46.035(f).
(3) "Written communication" means:​

(A) a card or other document on which is written language identical to the following: "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"; or
(B) a sign posted on the property that:​

(i) includes the language described by Paragraph (A) in both English and Spanish;
(ii) appears in contrasting colors with block letters at least one inch in height; and
(iii) is displayed in a conspicuous manner clearly visible to the public at each entrance to the property.​

Seems that HEB wouldn't fulfill the requirements of 30.07(c)(3)(B)(iii) based on your above observation.

DWD

 

[Mreed911]

Seems that HEB wouldn't fulfill the requirements of 30.07(c)(3)(B)(iii) based on your above observation.

DWD

Agreed, but testing that theory requires a defense to prosecution, so you've go to go through the process... Which isn't fun. Or cheap.

 

[bdee]

Still have not received a confirmation from HEB that they received my message, anyone else?

 

[vmax]

Still have not received a confirmation from HEB that they received my message, anyone else?

got an auto reply back in 5 minutes

 

[DarkwingDuck]

Agreed, but testing that theory requires a defense to prosecution, so you've go to go through the process... Which isn't fun. Or cheap.

You're not wrong ...

... though I don't think it would ever go that far. I could easily see OC in this case resulting in "someone with apparent authority to act for the owner provid[ing] notice to the person by oral ... communication".

A manager telling DD something like "Hey you! We don't allow guns in here. Can't cha read or anything?" while gesturing wildly at the 30.07 sign would satisfy 30.07(b). After that happens DD would still need to refuse to leave to be in violation of 30.07. But DD is wise and leaves upon effective oral notice. Thus he stays within the black letter of the law.

DWD

 

[Mreed911]

You're not wrong ...

... though I don't think it would ever go that far. I could easily see OC in this case resulting in "someone with apparent authority to act for the owner provid[ing] notice to the person by oral ... communication".

A manager telling DD something like "Hey you! We don't allow guns in here. Can't cha read or anything?" while gesturing wildly at the 30.07 sign would satisfy 30.07(b). After that happens DD would still need to refuse to leave to be in violation of 30.07. But DD is wise and leaves upon effective oral notice. Thus he stays within the black letter of the law.

DWD

Good point.

 

[winchster]

You're not wrong ...

... though I don't think it would ever go that far. I could easily see OC in this case resulting in "someone with apparent authority to act for the owner provid[ing] notice to the person by oral ... communication".

A manager telling DD something like "Hey you! We don't allow guns in here. Can't cha read or anything?" while gesturing wildly at the 30.07 sign would satisfy 30.07(b). After that happens DD would still need to refuse to leave to be in violation of 30.07. But DD is wise and leaves upon effective oral notice. Thus he stays within the black letter of the law.

DWD

Or just smiles and untucks his shirt

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[Thegomezclan]

Done, I have opened carried in Oklahoma and most people where in involved in what they where doing and didn't notice or cared. I think it will be the same here.

 

[bdee]

got an auto reply back in 5 minutes

Ahh, I got one as well, but mine ended up in my spam folder.

 

[duckknot]

Start writing your senators, stop signs from having the power of law!

 

[Mreed911]

Start writing your senators, stop signs from having the power of law!

Non-sequitur? Write HEB and let them know the consequences of their decision, politely. They have the right to make poor choices.

 

[Bamban]

While I do not intend to OC, where I grew up I've seen personally how an off duty guy was ambushed for his weapon, I still believe if it is a constitutional right, no one should try to go around it. We just spend a few bucks at the local HEB, maybe send a copy of the receipt and remind them what similarly minded CHL people like me are totally against their corporate action.