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ScottDLS

bblhd672 wrote:
TexasTornado wrote: I wonder what would happen if we called the police (non emergency line of course) and explained that we were going to continue into the building...as there are no laws being broken, would they support us?
I believe that you would be arrested for trespassing. The Austin district attorney and media would love to prosecute and persecute LTC's who are acting in an unlawful manner - whether "legally" you are or are not. It only matters what those entities say on the evening news, and the LTC community would get a black eye in the process.

Better tactic would be to let the legislature do their work toward removing the restrictions which is part of the 2017 plan. Creating a scene now may disrupt those plans.

I think it's more likely you would get arrested for disorderly conduct. Trespassing is clearly statutorily not applicable. It would be like getting arrested for driving 40 in a 45 zone...They'd more likely make up something like reckless driving than try to get you for speeding.

ScottDLS

AJSully421 wrote:
AustinNative04 wrote:
TexasTornado wrote:

Except for that pesky line that states you can't exclude an LTC Holder on criminal trespass simply for having a weapon.
I think I’m following your point—but correct me if I’m missing it. I recognize that this is park land, and generally speaking, a government entity couldn't exclude an LTC from a park solely for having a lawful firearm.

But, in this situation, Zilker Park is temporarily under the control of a private entity for purposes of the festival. Remember, access is controlled with fences and gates. I believe the LTC would be excluded for violating the terms and conditions of the license--terms set by the private entity, not the City.
So, here is where this gets to be fun.... if the private event promoter decides that you have "violated the terms of your contract / ticket", specifically for carrying a handgun with a license in a public park... who is going to come and throw you out?

Private security in Texas cannot lay a finger on you, they can only observe and report... so they cannot toss you and they cannot arrest you. If they call the real cops, they cannot use 30.05 to remove you because of 30.05(f) and they cannot use 30.06 because the event is occurring in a city owned park. So, the cops cannot touch you unless you are acting crazy, swearing, or being abusive.

No one can legally touch you if they find that you have a licensed handgun.

What will happen next is they will invite some high school marching band to play and try to call the whole thing a "School sponsored event" and restrict carry that way.

All the more reason that every off-limits place needs to be exempted for LTCers.

I think they will take the approach like Cowboys Stadium did for me (at a NON-SCHOOL, NON-PROFESSIONAL, SPORTING EVENT). They will have private security wanding as you present your ticket and will bar your entry. Unless you are going to force your way past the entry and dare them to do something about it, you'll have no choice but to put the gun away or go home.

ScottDLS

AustinNative04 wrote:
ScottDLS wrote:
Public outdoor areas like walkways and open areas in parks (non-buildings) are not "premises" under 46.035, so you can not make them a 51% "premises" to ban carry. They can't ban carry with 30.06/7 and wands since it's a public park, but as you point out, that doesn't mean they won't try.

While held in Zilker Park, a municipal park, ACL Festival is not open to the general public without the purchase of a ticket. Access to the festival is controlled via fencing and secured points of entry.

The definition of a premises under the Penal Code notwithstanding, when an attendee purchases a ticket (i.e. a license to attend the event), that ticket holder agrees to the terms and conditions set forth by the event organizers, including policies prohibiting firearms. ACL Festival is organized and administered by C3 Presents. C3's policies regarding weapons is articulated in the FAQ section of the ACL Festival website: http://www.aclfestival.com/information/#faqs-ticket.

There will be security staff and APD officers on duty patting down and/or wanding attendees; there always is. It would be safe to assume that you will be refused entry if security personnel become aware you are carrying a firearm.

Yep that's what I expected. You can't be prosecuted if you sneak in with your CCW, but if they physically prevent you from entering there's nothing you can do. It may be possible to ask the AG to hold that Austin PD be barred from enforcing the ban and perhaps even to force the city cease allowing lessee's to enforce this provision....I'm not holding my breath, although a similar suit forced the State Fair in Dallas to allow CCW.

ScottDLS

Scott Farkus wrote:I've never been to the ACL Fest but knowing how anti-gun the city of Austin is, I would be surprised if they did not post 30.06/30.07 signs. They won't even take them down at City Hall and are daring the AG to do something about it. I would also not be at all surprised if they had security guards wanding people at the entrance, nor would it surprise me if the alcohol vendors got the entire festival deemed a 51% location.

In other words, expect this city to do anything and everything it can to deny your right to carry, and not give a rip whether how they do it is legal or not.

Public outdoor areas like walkways and open areas in parks (non-buildings) are not "premises" under 46.035, so you can not make them a 51% "premises" to ban carry. They can't ban carry with 30.06/7 and wands since it's a public park, but as you point out, that doesn't mean they won't try.

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