The AG has already issued opinions on similar situations. (see last paragraph in each PDF)roadkill wrote:That is true but the sign would still be unenforceable. In the case of a concert I’m not sure what security would do. How would they bar you from entering? Surely they would utilize off duty and perhaps on duty LEO to enforce it. Until someone is prevented from entering the stadium due to carrying while licensed and then they follow up with the AG and possibly their own lawsuit against the city, security company and promoter nothing will change. Kind of late in the game but perhaps a call to the PD to discuss the law and what they will do if called would help ease your entry. If they can be educated before the fact and put out memos/training for officers working there it would greatly help your cause. Most likely if they’re willing to follow the law it’s going to take awhile to get things rolling on their end.skeathley wrote:It has been my understanding that if a govt entity leased property to a third party, like a concert promoter, that third party could post the property.
Maybe that is just the excuse they want to give us.
https://www.texasattorneygeneral.gov/fi ... istory.pdf
https://www.texasattorneygeneral.gov/fi ... center.pdf
Bottom line... The law is unclear whether a private, 3rd-party operator of a government-owned facility can prohibit license holders from carrying. In practice, they do. But what, if any, remedy is available to license holders is unclear. According to the AG opinion, the 3rd-party CAN post the premises, the owning government entity cannot be held responsible/liable for the signage, but the exclusion of license holders from the premises while carrying still needs to be addressed by the legislature.
There has been some discussion here (can't find it now) that a license holder could not be successfully prosecuted (under 30.06/07) for carrying past those signs (other section 46 violations notwithstanding), but I don't believe there has been a test case yet.
This is my OPINION. I am not a lawyer. This is not legal advice.