30.06 at a gun show:Valid?
Posted: Wed Aug 26, 2009 1:49 pm
I know that there is another thread running relating to 30.06 and gun shows and loaded weapons but this is a different discussion. I am not a lawyer so take it as such. This is how it appears to me.
First, let us all agree that as a private business, Saxet or another show is within its rights to post a 30.06 and have it enforced. HOWEVER...
They post the 30.06, which only affects CHL holders, and then the routinely IGNORE it. They may make you unload it and they may zip tie it, and then they let you go ahead and carry...open or concealed.
30.06 only applies to the CHL holders carrying a concealed handgun. The law makes no distinction between loaded or unloaded nor zip tied or not. So by ignoring their own posting they have given tacit, and even actual, permission to carry on the posted premisis. This seems to mean that the 30.06 is no longer valid since those in charge seem to be counteracting their own sign. There is nothing in 30.06 that relates to ammunition so 30.06 cannot prevent anyone from carrying ammunition loose in you pocket or even in a magazine, or even un-zip-tying the pistol and inserting the loaded magazine in the weapon. It might be prudent to conceal afterward, but there is no legal violation.
Now, it would be possible for them to use 30.05 as a no trespass warning against loaded magazines and this could apply to everyone, not just CHLers. But since they sell ammunition they wouldn't want to prevent you from carrying ammo, so they would have to word the 30.05 warning very carefully.
I believe that some imaginary character could take their handgun into the show with an empty mag in the pistol and a loaded mag in the pocket. Let them zip tie it, and then go on about your business zipped or not, loaded or not...discreetly and that this person would not have violated any law. This "loophole" has been apparent to me for some years and I have hesitated to explore it publicly. Maybe I should continue that but I would be interested in the opinion of a lawyer
First, let us all agree that as a private business, Saxet or another show is within its rights to post a 30.06 and have it enforced. HOWEVER...
They post the 30.06, which only affects CHL holders, and then the routinely IGNORE it. They may make you unload it and they may zip tie it, and then they let you go ahead and carry...open or concealed.
30.06 only applies to the CHL holders carrying a concealed handgun. The law makes no distinction between loaded or unloaded nor zip tied or not. So by ignoring their own posting they have given tacit, and even actual, permission to carry on the posted premisis. This seems to mean that the 30.06 is no longer valid since those in charge seem to be counteracting their own sign. There is nothing in 30.06 that relates to ammunition so 30.06 cannot prevent anyone from carrying ammunition loose in you pocket or even in a magazine, or even un-zip-tying the pistol and inserting the loaded magazine in the weapon. It might be prudent to conceal afterward, but there is no legal violation.
Now, it would be possible for them to use 30.05 as a no trespass warning against loaded magazines and this could apply to everyone, not just CHLers. But since they sell ammunition they wouldn't want to prevent you from carrying ammo, so they would have to word the 30.05 warning very carefully.
I believe that some imaginary character could take their handgun into the show with an empty mag in the pistol and a loaded mag in the pocket. Let them zip tie it, and then go on about your business zipped or not, loaded or not...discreetly and that this person would not have violated any law. This "loophole" has been apparent to me for some years and I have hesitated to explore it publicly. Maybe I should continue that but I would be interested in the opinion of a lawyer