Open Carry with permission?

[wgoforth]

So if owner of a business can OC at his establishment, and can give employees permission... can that go for non-employees? I teach CHL at a restaurant where the owner often OC's and he has told me I can anytime I want. Legal? If so, could he post a sign saying he gives customers who have a CHL permission to OC? Not asking if good or bad idea, but theoretical.

[srothstein]

Not legal. No one can give another person permission to break the law. There are clauses in the law for owners and managers (not every employee, but not much legal definition of a manager) but no such clause for customers.

[cbunt1]

I agree with srothstein -- not legal.

BUT...I also wonder, given the sanctity of private property rights that Texas law generally holds, with no "complaint," no charges to file, so would it actually be "actionable?"

There are many issues under the law that while "unlawful," without a complainant, aren't actionable. If I allow you to open carry in my home, or on my property, although not strictly "legal," (based on the general prohibition against carrying a gun, and that our CHL's are in truth an exception to that general prohibition with caveats) if I don't complain about, and I don't take legal action in the form of invoking law enforcement and filing the complaint, it's not actionable.

Just a thought. Not sure that the dog will really hunt...

I'm not a lawyer. Don't play one on TV, didn't sleep at a Holiday Inn Express last night, and all those other disclaimers.

[MoJo]

I agree with the above posts. I'm also concerned with the image presented to the students by a CHL instructor who is open carrying in class.

[The_Busy_Mom]

I agree with the above posts. I'm also concerned with the image presented to the students by a CHL instructor who is open carrying in class.

This

TBM

[wgoforth]

Not legal. No one can give another person permission to break the law. There are clauses in the law for owners and managers (not every employee, but not much legal definition of a manager) but no such clause for customers.

I know several gun shops where all the employees open carry. Is it different for some reason in a gun shop, or simply breaking the law but no one complaining?

[wgoforth]

I agree with the above posts. I'm also concerned with the image presented to the students by a CHL instructor who is open carrying in class.

To be clear, I never indicated I did/wanted or intended to. I do however lift my shirt to give an example of belt carry and places that it can be worn.

[Keith B]

Not legal. No one can give another person permission to break the law. There are clauses in the law for owners and managers (not every employee, but not much legal definition of a manager) but no such clause for customers.

I know several gun shops where all the employees open carry. Is it different for some reason in a gun shop, or simply breaking the law but no one complaining?

It's not legal IMO. However, they may be using the 'involved in a sporting activity' as their excuse. I have heard some say 'We are all in control of the property' as their reasoning as well. Still think it is a gray area at best.

[wgoforth]

Not legal. No one can give another person permission to break the law. There are clauses in the law for owners and managers (not every employee, but not much legal definition of a manager) but no such clause for customers.

I know several gun shops where all the employees open carry. Is it different for some reason in a gun shop, or simply breaking the law but no one complaining?

It's not legal IMO. However, they may be using the 'involved in a sporting activity' as their excuse. I have heard some say 'We are all in control of the property' as their reasoning as well. Still think it is a gray area at best.

Thanks....sounds like it to me.

[IANAL]

There are many issues under the law that while "unlawful," without a complainant, aren't actionable. If I allow you to open carry in my home, or on my property, although not strictly "legal," (based on the general prohibition against carrying a gun, and that our CHL's are in truth an exception to that general prohibition with caveats) if I don't complain about, and I don't take legal action in the form of invoking law enforcement and filing the complaint, it's not actionable.

Many brothels and escort services stay in business by taking similar precautions but that doesn't make it legal.

[srothstein]

Not legal. No one can give another person permission to break the law. There are clauses in the law for owners and managers (not every employee, but not much legal definition of a manager) but no such clause for customers.

I know several gun shops where all the employees open carry. Is it different for some reason in a gun shop, or simply breaking the law but no one complaining?

No one is complaining so no problem. As cbunt pointed out in response to my earlier post, it is illegal but in general, it will not be actionable since there would be no complaint.

I believe the classic case is if I go over to my best friend's office to show him the new gun I just bought. The law is clear that I cannot unconceal there, but since he and I will not complain, no action will ever be taken on the "crime".

[03Lightningrocks]

Not legal. No one can give another person permission to break the law. There are clauses in the law for owners and managers (not every employee, but not much legal definition of a manager) but no such clause for customers.

Oh my!!! My employees have permission to open carry at the office. We all have CHL's and I don't think anyone has done it to date... 12 years... It would not cause me a second thought if my production manager walked out of his office with his handgun on his side.

I told them all they had my permission. I thought it was similar to gun shops. We are all heavily armed... LOL. Walking into our office with the intentions of doing harm would be a real bad idea.

[wgoforth]

Not legal. No one can give another person permission to break the law. There are clauses in the law for owners and managers (not every employee, but not much legal definition of a manager) but no such clause for customers.

I know several gun shops where all the employees open carry. Is it different for some reason in a gun shop, or simply breaking the law but no one complaining?

No one is complaining so no problem. As cbunt pointed out in response to my earlier post, it is illegal but in general, it will not be actionable since there would be no complaint.

I believe the classic case is if I go over to my best friend's office to show him the new gun I just bought. The law is clear that I cannot unconceal there, but since he and I will not complain, no action will ever be taken on the "crime".

Yeah but at a gun shop, LEO's are going to come in as customers and see it. Hmmm

[Distinguished Rick]

Not legal. No one can give another person permission to break the law. There are clauses in the law for owners and managers (not every employee, but not much legal definition of a manager) but no such clause for customers.

Oh my!!! My employees have permission to open carry at the office. We all have CHL's and I don't think anyone has done it to date... 12 years... It would not cause me a second thought if my production manager walked out of his office with his handgun on his side.

I told them all they had my permission. I thought it was similar to gun shops. We are all heavily armed... LOL. Walking into our office with the intentions of doing harm would be a real bad idea.

That is my kind of place to work! Need any new employees? I am leaving Afghanistan soon and need a job!

[03Lightningrocks]

Not legal. No one can give another person permission to break the law. There are clauses in the law for owners and managers (not every employee, but not much legal definition of a manager) but no such clause for customers.

Oh my!!! My employees have permission to open carry at the office. We all have CHL's and I don't think anyone has done it to date... 12 years... It would not cause me a second thought if my production manager walked out of his office with his handgun on his side.

I told them all they had my permission. I thought it was similar to gun shops. We are all heavily armed... LOL. Walking into our office with the intentions of doing harm would be a real bad idea.

That is my kind of place to work! Need any new employees? I am leaving Afghanistan soon and need a job!

If you have experience in the HVAC business as either an installation technician, service technician or both and will be residing in the DFW area, I would definitely give you a chance.

Thanks for your service!!