411 Sign

[KLB]

The Walmart in Hallettsville has an odd sign. It merely prohibits weapons possession by persons without a license. That's no big deal as to handguns, but "weapon" is not synonymous with "handgun." There's the ambiguity with whether any given knife is a weapon or a tool.

[Keith B]

Weapons are defined in Texas Penal Code 46. http://www.statutes.legis.state.tx.us/D ... /PE.46.htm

46.01 gives the definitions, and 46.02 lists how and when they can and cannot be carried. Government Code 411 Subchapter H is the subchapter for LTC holders.

So, what this says is, you cannot carry any 'weapon' into the store, and that would include long guns and illegal knives as defined in 46.01.

[rotor]

Weapons are defined in Texas Penal Code 46. http://www.statutes.legis.state.tx.us/D ... /PE.46.htm

46.01 gives the definitions, and 46.02 lists how and when they can and cannot be carried. Government Code 411 Subchapter H is the subchapter for LTC holders.

So, what this says is, you cannot carry any 'weapon' into the store, and that would include long guns and illegal knives as defined in 46.01.

Question I have Keith B, the sign says it is unlawful. What law would one be breaking?

[Keith B]

Weapons are defined in Texas Penal Code 46. http://www.statutes.legis.state.tx.us/D ... /PE.46.htm

46.01 gives the definitions, and 46.02 lists how and when they can and cannot be carried. Government Code 411 Subchapter H is the subchapter for LTC holders.

So, what this says is, you cannot carry any 'weapon' into the store, and that would include long guns and illegal knives as defined in 46.01.

Question I have Keith B, the sign says it is unlawful. What law would one be breaking?

46.02 due to TABC rules. It is a TABC sign, similar to this, just worded differently



Looking at the photo, it appears they have the sign in the image above posted below the ones shown.

[Keith B]

Following up, the TABC rules state that verbiage here https://www.tabc.state.tx.us/laws/sign_requirements.asp under the On-Premise Retail Establishment section. I think some of these signs were issued by TABC before they had the 'Unlicensed Possession' signs available.

[rotor]

Weapons are defined in Texas Penal Code 46. http://www.statutes.legis.state.tx.us/D ... /PE.46.htm

46.01 gives the definitions, and 46.02 lists how and when they can and cannot be carried. Government Code 411 Subchapter H is the subchapter for LTC holders.

So, what this says is, you cannot carry any 'weapon' into the store, and that would include long guns and illegal knives as defined in 46.01.

Question I have Keith B, the sign says it is unlawful. What law would one be breaking?

46.02 due to TABC rules. It is a TABC sign, similar to this, just worded differently



Looking at the photo, it appears they have the sign in the image above posted below the ones shown.

You have very good eyes to spot that. Thanks.

[ScottDLS]

Weapons are defined in Texas Penal Code 46. http://www.statutes.legis.state.tx.us/D ... /PE.46.htm

46.01 gives the definitions, and 46.02 lists how and when they can and cannot be carried. Government Code 411 Subchapter H is the subchapter for LTC holders.

So, what this says is, you cannot carry any 'weapon' into the store, and that would include long guns and illegal knives as defined in 46.01.

Long guns are not defined as "weapons" in 46.01, so the sign is wrong. I think it was an attempt to provide language that would help enforce the TABC rule on ABC licensee's "allowing" firearms in their stores (could lose their TABC license).

[Keith B]

Weapons are defined in Texas Penal Code 46. http://www.statutes.legis.state.tx.us/D ... /PE.46.htm

46.01 gives the definitions, and 46.02 lists how and when they can and cannot be carried. Government Code 411 Subchapter H is the subchapter for LTC holders.

So, what this says is, you cannot carry any 'weapon' into the store, and that would include long guns and illegal knives as defined in 46.01.

Long guns are not defined as "weapons" in 46.01, so the sign is wrong. I think it was an attempt to provide language that would help enforce the TABC rule on ABC licensee's "allowing" firearms in their stores (could lose their TABC license).

True. TABC rules prohibit licensee from allowing long guns.

[thetexan]

Weapons are defined in Texas Penal Code 46. http://www.statutes.legis.state.tx.us/D ... /PE.46.htm

46.01 gives the definitions, and 46.02 lists how and when they can and cannot be carried. Government Code 411 Subchapter H is the subchapter for LTC holders.

So, what this says is, you cannot carry any 'weapon' into the store, and that would include long guns and illegal knives as defined in 46.01.

Question I have Keith B, the sign says it is unlawful. What law would one be breaking?

None. There is no .06/.07 type statute which can be used to prohibit someone from carrying a legal weapon by the enforcement of a statute, similar to .06/.07 that I am aware of. Walmart can, under a theory of trespassing, ask you to leave because they don't want baseball hats, sandles, knives or anything else. You would then have the right to sue them for prohibiting you from being inside with something that is legal to own but for which there is no statutory provision allowing prohibition.

What is the legal difference between this sign and one that says leather belts are prohibited. I say none. To whatever degree one is enforceable the other is also. To whatever degree one isn't, the other one isn't also.

The reason you cannot carry an unlicensed possessed handgun is not because of this sign but rather chapter 46. This sign adds no more muscle to the already existing statute.

tex

[MeMelYup]

Weapons are defined in Texas Penal Code 46. http://www.statutes.legis.state.tx.us/D ... /PE.46.htm

46.01 gives the definitions, and 46.02 lists how and when they can and cannot be carried. Government Code 411 Subchapter H is the subchapter for LTC holders.

So, what this says is, you cannot carry any 'weapon' into the store, and that would include long guns and illegal knives as defined in 46.01.

Question I have Keith B, the sign says it is unlawful. What law would one be breaking?

None. There is no .06/.07 type statute which can be used to prohibit someone from carrying a legal weapon by the enforcement of a statute, similar to .06/.07 that I am aware of. Walmart can, under a theory of trespassing, ask you to leave because they don't want baseball hats, sandles, knives or anything else. You would then have the right to sue them for prohibiting you from being inside with something that is legal to own but for which there is no statutory provision allowing prohibition.

What is the legal difference between this sign and one that says leather belts are prohibited. I say none. To whatever degree one is enforceable the other is also. To whatever degree one isn't, the other one isn't also.

The reason you cannot carry an unlicensed possessed handgun is not because of this sign but rather chapter 46. This sign adds no more muscle to the already existing statute.

tex

If TABC persons see a long gun (i.e. Unlicensed Firearm) in a store, they can pull the pull the stores alcohol license.