Mandatory Signage

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Dave09
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Mandatory Signage

#1

Post by Dave09 » Wed Mar 08, 2017 7:11 pm

If this is posted elsewhere please post the link. I was unable to find it.

Recently I have been told by three different people things that to me sound completely incorrect. But I have been unable to find info to contradict or confirm their claims.

The first is that corporation's are required to ban conceal carry for all employees. That is except for two designated "Marshalls" that the company can pick from their employees. To me this is the Corporations own policy and not law as the person stated.

The second is that a 30.07 sign is mandatory at a bar. This is on top of a 51% sign. They state that they can be shut down if they don't have it according to state law. To me this is probably misinformation. As it is a bar no matter what I can not carry. I'm just interested in the law on the matter.

The third is the one is probably the one I find the craziest. A guy stated to me that he has been open carrying a pistol for the last 20 years in texas. He states because of the 2nd amendment he is perfectly legal. To my knowledge open carry of a pistol has only been legal since the beginning of the year. Also he stated he's done this primaryly on public property. To me the guy is extremely lucky or he is lying.


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Re: Mandatory Signage

#2

Post by Alf » Wed Mar 08, 2017 7:25 pm

1. Not in Texas.

2. Not in Texas. A sign prohibiting long guns is not required but might be a good idea.

3. The courts and I disagree whether the Second Amendment actually means what it says, so I won't go there. However, if he lives in rural Texas, it's entirely possible the local cops didn't hassle him over a misdemeanor. I heard pre-CHL stories about cops giving some people a pass, depending on their socio-economic status and political connections.

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Re: Mandatory Signage

#3

Post by goose » Wed Mar 08, 2017 11:09 pm

Point one is incorrect. Imagine a company with three employees and a company with 10k employees spread over four or five campuses, both get two "marshalls?" Seems legit.

Point two is incorrect. Either they believe 1) that open carry is okay inside a 51% establishment so a 30.07 sign would be required (if hte owner wanter to ban folks, presumably) but not a 30.06 because the 51% sign covers concealed carry? or 2) if a 30.07 sign is simply mandatory, what is the purpose of the 51% sign? What additional information is it communicating?

Point three: Texas is not a constitutional carry state. He can believe whatever he wants but this sounds like braggadocio. Or good luck. Or part of the good ol' boy system in some small town/county.
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Re: Mandatory Signage

#4

Post by C-dub » Wed Mar 08, 2017 11:26 pm

Please please please ask those three people to provide anything to back up their claims. This should be good.
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Re: Mandatory Signage

#5

Post by casp625 » Wed Mar 08, 2017 11:48 pm

Firearm does not include a firearm that may have, as an integral part, a folding knife blade or other characteristics of weapons made illegal by this chapter and that is:
(A) an antique or curio firearm manufactured before 1899;
Guess everyone is just going to ignore the fact that some firearms have always been legal for OC :nono:

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Re: Mandatory Signage

#6

Post by RoyGBiv » Thu Mar 09, 2017 8:07 am

casp625 wrote:
Firearm does not include a firearm that may have, as an integral part, a folding knife blade or other characteristics of weapons made illegal by this chapter and that is:
(A) an antique or curio firearm manufactured before 1899;
Guess everyone is just going to ignore the fact that some firearms have always been legal for OC :nono:
I'll wager that the OP wasn't referring to the carrying of a flint lock. :roll:
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Re: Mandatory Signage

#7

Post by RPBrown » Thu Mar 09, 2017 8:45 am

goose wrote:Point one is incorrect. Imagine a company with three employees and a company with 10k employees spread over four or five campuses, both get two "marshalls?" Seems legit.

Point two is incorrect. Either they believe 1) that open carry is okay inside a 51% establishment so a 30.07 sign would be required (if hte owner wanter to ban folks, presumably) but not a 30.06 because the 51% sign covers concealed carry? or 2) if a 30.07 sign is simply mandatory, what is the purpose of the 51% sign? What additional information is it communicating?

Point three: Texas is not a constitutional carry state. He can believe whatever he wants but this sounds like braggadocio. Or good luck. Or part of the good ol' boy system in some small town/county.
(1) Incorrect. My business is a corporation and I am under no requirement to prohibit carry of any type
(2) Also incorrect. A caveat to this could be a bar operated as a separate entity within a business. The business would heave the option to post 30.07 signs but it is not required either within a 51% bar or any business
(3) The reason I highlighted this is you could open carry on your own property prior to OC going into effect
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goose
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Re: Mandatory Signage

#8

Post by goose » Thu Mar 09, 2017 8:49 am

RPBrown wrote:
goose wrote:Point one is incorrect. Imagine a company with three employees and a company with 10k employees spread over four or five campuses, both get two "marshalls?" Seems legit.

Point two is incorrect. Either they believe 1) that open carry is okay inside a 51% establishment so a 30.07 sign would be required (if hte owner wanter to ban folks, presumably) but not a 30.06 because the 51% sign covers concealed carry? or 2) if a 30.07 sign is simply mandatory, what is the purpose of the 51% sign? What additional information is it communicating?

Point three: Texas is not a constitutional carry state. He can believe whatever he wants but this sounds like braggadocio. Or good luck. Or part of the good ol' boy system in some small town/county.
(1) Incorrect. My business is a corporation and I am under no requirement to prohibit carry of any type
(2) Also incorrect. A caveat to this could be a bar operated as a separate entity within a business. The business would heave the option to post 30.07 signs but it is not required either within a 51% bar or any business
(3) The reason I highlighted this is you could open carry on your own property prior to OC going into effect
I admit that since the other two examples were public in nature, I concluded the third was as well.
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Re: Mandatory Signage

#9

Post by Lynyrd » Thu Mar 09, 2017 9:08 am

I think the OP needs smarter friends. :biggrinjester:
Do what you say you're gonna do.

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Re: Mandatory Signage

#10

Post by oohrah » Thu Mar 09, 2017 9:58 am

Re #2: 30.07 (and 30.06) are in the penal code section regarding trespass, and the posting of these signs is always optional. A 51% (RED) sign is a TABC regulation regarding the carry of firearms during the sale of alcohol for on premises consumption, and must be posted if the TABC license requires it. There is no legal connection between the two.

A private owner can post any kind of sign they want ("No shirt, no service") as long as it does not violate their license or state law.
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Re: Mandatory Signage

#11

Post by thetexan » Thu Mar 09, 2017 11:21 am

2nd Corollary to Uncle Tex's Theorem on the Conservation of Intelligence in the Universe.

"...most humans believe ignorance is a virtue."

from the Esteemed and Profound sayings of Uncle Tex, Vol. 4, page 145. copyright 1972.
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Re: Mandatory Signage

#12

Post by Dave09 » Thu Mar 09, 2017 6:36 pm

Lynyrd wrote:I think the OP needs smarter friends. :biggrinjester:
By no means were these friends. Just a few people I have ran into the last few weeks. All their claims seemed absurd to me. But just wanted to make sure i was not the ignorant one.

For the bar one with the 30.07. It is one hundred percent a bar and nothing else. They thought it was mandatory to have.
The third person stated he mainly carried on public property and it is on the out skirts of houston. So no its not a small town area. For some reason I also don't think the guy was talking about a flint lock pistol :lol: .

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Lynyrd
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Re: Mandatory Signage

#13

Post by Lynyrd » Thu Mar 09, 2017 10:00 pm

Dave09 wrote:
Lynyrd wrote:I think the OP needs smarter friends. :biggrinjester:
By no means were these friends. Just a few people I have ran into the last few weeks. All their claims seemed absurd to me. But just wanted to make sure i was not the ignorant one.

For the bar one with the 30.07. It is one hundred percent a bar and nothing else. They thought it was mandatory to have.
The third person stated he mainly carried on public property and it is on the out skirts of houston. So no its not a small town area. For some reason I also don't think the guy was talking about a flint lock pistol :lol: .
Just goes to show you how misinformed some people are.
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