TexasCHLforum.com

aero10 wrote:

Jusme wrote:Welcome to the forum!!

I don't believe I have seen a first post so, detailed, and cohesive. JMHO
I understand your frustration with 30.06 posted businesses. But there will never be anything passed into law, that excludes private businesses, from prohibiting guns, until LTC holders are declared a "protected class" similar to any racial, ethnic, or disabled person's group.

I've heard this argument many times, but I don't understand what in the political climate in Texas won't allow excluding businesses from prohibiting guns. There are states where there are no enforceable signs restricting concealed carry, only verbal warning can restrict concealed carry. Granted, typically in these instances any sign can/does restrict open carry, and there are still statutorily of limitations places as well.

I realize that other States, have gotten legislation passed which, preempts, businesses, from prohibiting guns. Unfortunately, businesses, and business associations, wield a very powerful political stick here. Texas is home to some of the largest employers in the country, and the legislature is forced by political will, to listen to their voice. If the legislature had attempted to bypass, private businesses, we would not have ever gotten CHL passed. And they will always show up en mass, whenever there are any new gun laws being considered.
It's my belief that not only do businesses, hold a lot of power, but local city, and county governments, are also very influential, to new legislation. I believe that is the very reason HB560 never saw the light of day, was due to the fact that pressure was applied from city and county officials, threatening to remove political support, if they were prevented from continuing to prohibit guns in court houses, and any other place, they deemed necessary. Despite the "fines for signs" law, there is no teeth in the legislation, and enforcement, was turned over to the AG, office along with a bunch of hoops that have to be jumped through, to even get an opinion, submitted. Which again, has no legal ramifications for anyone, unless a court decides it.

We have seen the rubbery spines of so called "conservatives" in the legislature, when it comes to anything semi controversial. Proposing the denial of businesses, the right to prohibit guns, would cause those spines to turn to jelly. JMHO

Welcome to the forum!!

I don't believe I have seen a first post so, detailed, and cohesive. JMHO
I understand your frustration with 30.06 posted businesses. But there will never be anything passed into law, that excludes private businesses, from prohibiting guns, until LTC holders are declared a "protected class" similar to any racial, ethnic, or disabled person's group. I believe private businesses, should have the right to exclude, or deny services to anyone, they choose. That being said, I do agree that unless an LTC holder actually refuses to leave, a posted business, there should be no penalty involved. Just like someone who came in with no shirt, when it is clearly posted "no shirt, no shoes, no service." There is no penalty involved, unless that person refuses to leave.
As for the Constitutionality, My rights only extend to public, areas, or property under my control. On anyone else's property, they have the final say, and for me to force my belief's upon them, is unconstitutional. Just like I can demand Jehovah Witnesses, leave my property, even though they have every right to spread their beliefs to the general public.
This topic, has been discussed, ad nauseum, throughout the forum, usually drifting off topic, in a thread. You will get opinions from both sides of the argument, but until the laws are rewritten, we will have to live with what we have now.