more useless facts…

I talked to a fellow blogger on the phone today, and he found most of this interesting, so I figure it is worth a post…

If you walk into a business carrying as a CHL holder, and are told to leave, you have to leave, even if they don’t post the 30.06 signage.

If I walk into a business carrying as an off duty peace officer and are asked to leave, I will have to leave.

If you refuse to leave, it is Criminal Tresspass, a Class A Misdemeanor.

As a peace officer, under the Alcoholic beverage code, I can inspect a premesis with a liquor license, without warrant, exigent circumstances, or consent (the big 3). I can inspect behind the bar, in the managers office, the managers closet, the managers desk, the managers locked floor safe, etc. I can inspect inside locked lockers provided they are owned by the establishment. The only thing I can not inspect is the waitresses purses, backpacks, etc. If the manager parks his car on the premisis, I can inspect it inside and out, including all locked places (i.e. Trunk, glove box, etc).

There are only 2 violations you can not be arrested for, speeding and open container. The rest are arrestable.

You know how on most vehicles, you have the tail lights in the rear, and the middle one, which is typically in the center mounted on the cab of a truck or on the parcel shelf of a car? If it gets burned out, you can’t get pulled over for it. The only 2 required by law are the tail lights.

For you observant folk or observant folk in training, when you going down the road, and it is safe to do so, check to see how many brake lights and tail lights are out. You’d be amazed at how many you can find.

If a drug dog hits on something during their walk around, it is automatic probable cause.

Advertisements

5 Responses to “more useless facts…”

  1. I have yet to hear of a case in which a CHL holder was “made” and asked to leave. Generally anti-gun types don’t know what to look for and are so scared of guns and un-uniformed armed people that they would never confront someone they thought was armed and ask them to leave. I have students who have admitted to having carried in a pretty long list of “non permissive environments”. Short of dropping your gun on the ground or leaving it hanging on a hook in a toilet stall (one APD officer did this at the Travis County courthouse last year), it’s really, really rare for someone carrying concealed to get hassled about it.

    99% of the time if someone sees a clue that you are carrying, it’s someone that is also carrying legally and doesn’t care. I was in the local UPS store the other day and the other customer in the store was wearing a heavy 5.11 photographers vest, in the middle of the 95 degree summer heat. I was tempted to ask him what IDPA club he belonged to but kept my mouth shut.

    • KR,

      Was just using it as a “what if”, and not a realistic scenario. ;)

      I laughed at the shoot me first vest. I see a guy at a local Walmart that is that way. Except instead of going for the photo vest, he glued and attached a bunch of fishing lures and fishing line.

  2. Jay,

    One of the things that many CHL holders also miss is that the non-30.06 signs are not legal barriers to entry by a CHL.

    Yes, they can ask you to leave, just like your trespass situations, but a CHL holder is free to enter regardless of the signage.

    To be legally valid, the sign must exactly match the requirements listed in 30.06.

    • Bob,

      Correct, a simple “No Firearms allowed” sign is not legal notification.

      The only other sign that could be posted that isn’t the 30.06 and be a legal barrier is the TABC 51% sign.

      Then again, I doubt most of us are going to a bar in the first place. ;)

  3. Good info, thank you Jay.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: