Guns, Banks & Wild West Texas

   / Guns, Banks & Wild West Texas #41  
Here's a lengthy but interesting read:
Concealed Weapon Law in Texas

I may stand corrected on the Post office/federal law bit, but I seem to remember a time when the Postal service touted they weren't a part of the federal government.

May be a day coming when we all live on federal property:shocked:Oops, didn't mean to go down that slippery slope.:D
 
   / Guns, Banks & Wild West Texas #42  
That may be true in your state, but not everywhere. In Texas, you could very well be facing arrest and/or a fine. Section 30.05 of the Texas Penal Code covers "Criminal Trespass". So without copying a lot of material, it basically says it's illegal to enter or remain on private property if you've been given notice to not do so. So, yes, asking you to leave is one way of giving you notice, but in Texas at least, proper signs serve that purpose also. So if you enter with your weapon when there is a proper sign saying not to do so, you're guilty even if you have not been orally/verbally asked to leave.

In N.H., re: criminal trespass, one is guilty of a violation for passing the sign. It's not a misdemeanor until one refuses to leave when directly notified by the owner or owner's representative or subsequent entry after such notification, it's a felony for causing over $1000 damage or if in violation of a court order to stay off the premises at the time of entry.

But then all private land in NH is free access unless posted otherwise in a specific format. No purple trees here. There may be "no guns" signs in N.H. but I've never run across one. We were a little ahead of & detached from the wild west. Our neighbor to the south, MA, has laws making it illegal to make a slingshot except for sale to clubs sanctioning sporting events where slingshots are used. Wish they were closer to Texas than N.H. ;) MikeD74T
 
   / Guns, Banks & Wild West Texas #43  
A summary of Texas Law from this DPS site includes prohibiting carry:

(1) on the premises of a business that has a permit or license issued
under Alcoholic Beverage Code, if the business derives 51 percent or more of its income from the sale or service of alcoholic beverages;
(2) on the premises where a high school, collegiate, or professional
sporting event or interscholastic event is taking place, unless the license holder is a participant in the event and a handgun is used in the event;
(3) on the premises of a correctional facility;
(4) on the premises of a hospital, or on the premises of a nursing home unless the license holder has written authorization of the hospital or nursing home administration, as appropriate;
(5) in an amusement park; or
(6) on the premises of a church, synagogue, or other established place of religious worship.
(c) A license holder commits an offense if the license holder intentionally,
knowingly, or recklessly carries a handgun regardless of whether the handgun is concealed, at any meeting of a governmental entity.
(d) A license holder commits an offense if, while intoxicated, the license holder carries a handgun regardless of whether the handgun is concealed.
(e) A license holder who is licensed as a security officer , and employed as a security officer commits an offense if, while in the course and scope of the security officer's employment, the security officer violates a provision of
Subchapter H, Chapter 411, Government Code.

(f) In this section:
(1) "Amusement park" means a permanent indoor or outdoor
facility or park where amusement rides are available for use by the
public that is located in a county with a population of more than one
million, encompasses at least 75 acres in surface area, is enclosed
with access only through controlled entries, is open for operation more
than 120 days in each calendar year, and has security guards on the
premises at all times. The term does not include any public or private
driveway, street, sidewalk or walkway, parking lot, parking garage, or
other parking area.

Also:
PLACES WEAPONS PROHIBITED. (a) A person commits an offense if the person intentionally, knowingly, or recklessly possesses or goes with a firearm, illegal knife, club, or prohibited weapon listed in Section 46.05(a):
(1) on the physical premises of a school or educational institution,
any grounds or building on which an activity sponsored by a school or
educational institution is being conducted, or a passenger transportation
vehicle of a school or educational institution, whether the school or
educational institution is public or private, unless pursuant to written
regulations or written authorization of the institution;
(2) on the premises of a polling place on the day of an election or
while early voting is in progress;
(3) in any government court or offices utilized by the court, unless
pursuant to written regulations or written authorization of the court;
(4) on the premises of a racetrack; or
(5) in or into a secured area of an airport.
(6) within 1,000 feet of premises the location of which is designated
by the Texas Department of Criminal Justice as a place of
execution under Article 43.19, Code of Criminal Procedure, on a day
that a sentence of death is set to be imposed on the designated
premises and the person received notice that:
(A) going within 1,000 feet of the premises with a weapon listed
under this subsection was prohibited; or
(B) possessing a weapon listed under this subsection within 1,000 feet of the premises was prohibited.

51.002(1), Human Resources Code.
(4) "Forest land" means land on which the trees are potentially
valuable for timber products.
(5) "Agricultural land" has the meaning assigned by Section
75.001, Civil Practice and Remedies Code.
(6) "Superfund site" means a facility that:
(A) is on the National Priorities List established under Section
105 of the federal Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 (42 U.S.C. Section 9605); or
(B) is listed on the state registry established under Section
361.181, Health and Safety Code.
(c) It is a defense to prosecution under this section that the actor at
the time of the offense was a fire fighter or emergency medical
services personnel, as that term is defined by Section 773.003, Health
and Safety Code, acting in the lawful discharge of an official duty
under exigent circumstances.
(d) An offense under Subsection (e) is a Class C misdemeanor
unless it is committed in a habitation or unless the actor carries a
TEXAS CONCEALED HANDGUN LAWS PC ァ30.06. 27
deadly weapon on or about the actor's person during the commission
of the offense, in which event it is a Class A misdemeanor. An offense
under Subsection (a) is a Class B misdemeanor, except that the
offense is a Class A misdemeanor if:
(1) the offense is committed:
(A) in a habitation or a shelter center; or
(B) on a Superfund site; or
(2) the actor carries a deadly weapon on or about his person
during the commission of the offense.
(e) A person commits an offense if without express consent or if
without authorization provided by any law, whether in writing or other
form, the person:
(1) enters or remains on agricultural land of another;
(2) is on the agricultural land and within 100 feet of the boundary
of the land when apprehended; and
(3) had notice that the entry was forbidden or received notice to
depart but failed to do so. PC ァ30.06.

Thus, there are no simple answers to the concealed carry question.
 
   / Guns, Banks & Wild West Texas #44  
It's interesting that Texans found the need to pass a law that protects a firefighter while saving your house or an EMT while saving your life from criminal trespass for acting without first getting permission to act. :confused: There's got to be a story behind that one. MikeD74T
 
   / Guns, Banks & Wild West Texas #45  
Hey boy was the bell hop at the "carleton hotel" in San Francisco. Good call out.

I don't remember what gun he used though.

In a related manner to the OP, I work in retail and one thing that shocks problem customers is the fact that a store premises is PRIVATE property. We can tell people to leave, and in fact get no trespass orders. People always assume stores are public spaces.

Which leads to the question "how can a state pass laws banning smoking in stores, bars, and restaraunts? I can't stand to be around cigarettes, but if a business owner wants to cater to smokers that's their right; just as it's my right to patronise a different store.
 
   / Guns, Banks & Wild West Texas #46  
Which leads to the question "how can a state pass laws banning smoking in stores, bars, and restaraunts? I can't stand to be around cigarettes, but if a business owner wants to cater to smokers that's their right; just as it's my right to patronise a different store.
agree 100% I don't smoke ether but believe that i should have the right to do so in my own store and if someone doesn't like they can shop somewhere else.
 
   / Guns, Banks & Wild West Texas #47  
The gov't isn't worried about the customers in the store having problems with the smoke. They are worried about the safety of the workers having to breathe the smoke all day long. This is why most no smoking laws are passed.
 
   / Guns, Banks & Wild West Texas #48  
No one forces anyone to work any where, if you don't like that that business allows smoking don't work there.
 
   / Guns, Banks & Wild West Texas #49  
No one forces anyone to work any where, if you don't like that that business allows smoking don't work there.

Washington has made it ilegal to smoke in, or within 25 feet of, any business. Nothing to do with employees. As I understand it, their next goal is to make it ilegal to smoke in any residense where children reside.
 
   / Guns, Banks & Wild West Texas #50  
The gov't isn't worried about the customers in the store having problems with the smoke. They are worried about the safety of the workers having to breathe the smoke all day long. This is why most no smoking laws are passed.

Nobody is holding a gun to their head to work there. Their choice, no government should be able to regulate it. My business, my smoking policy.....period. You don't like it, don't work here and don't patronize the place.
 

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