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by goose
Fri Aug 26, 2016 10:29 am
Forum: Never Again!!
Topic: Warning shots at SA Little Red Barn Steakhouse
Replies: 33
Views: 3756

Re: Warning shots at SA Little Red Barn Steakhouse

SoConfused wrote:
mojo84 wrote:
SoConfused wrote:
However, he's perfectly within his legal rights to carry concealed there without a license.
I think you are confused. ;-) It is not perfectly legal to do so since the owner of the property and business has advised the employees there is a no guns policy.

However, I would be interested in your reasoning or logic. I wouldn't claim his being an employee of the owner gives him the right. That won't fly.
Ha! I like what you did there. :lol:

I believe the waiter was legally carrying on premises under his control. This is evidenced by the fact that any employee has apparent authority to ask someone with an LTC to leave.

There's also the common practice of giving waiters a section of the premises in which to work that are then under their control.

We'll see if he's charged, but if he does get a charge of unlawful carrying of weapons, he'll only be convicted by not having enough money for a quality defense that can twist the definition of "premises" and "control" into what he needs them to be. That would be very bad for him since there's alcohol served there, bumping it up to a Felony.
I think that analogy that I would apply here is one of a ship Captain being relieved of duty for not following protocol. Once he violated his employer's firearms policy I think that it would be a trick to claim his employer then granted him control. Granted, I can't say you're wrong until there is case law. That said, I would NOT want the employer on the stand saying I was not granted control of a space and then my lawyer trying to argue the definition of control. Could it be done? Possibly. Is it a stretch to claim he was legally carrying? Probably.
by goose
Fri Aug 26, 2016 9:21 am
Forum: Never Again!!
Topic: Warning shots at SA Little Red Barn Steakhouse
Replies: 33
Views: 3756

Re: Warning shots at SA Little Red Barn Steakhouse

SoConfused wrote:He took quite a stupid risk discharging his weapon without being sure of the backstop and will probably lose his job due to the company's gun policy.

However, he's perfectly within his legal rights to carry concealed there without a license.
Under what authority? Castle doctrine and MPA aren't in play as best as I can tell.
by goose
Fri Aug 26, 2016 6:19 am
Forum: Never Again!!
Topic: Warning shots at SA Little Red Barn Steakhouse
Replies: 33
Views: 3756

Re: Warning shots at SA Little Red Barn Steakhouse

Why is everyone upset? Anyone with a bit of sense knows that all walls are made to trap bullets. Wasn't it just last year that San Antonio passed new building codes requiring all dead air spaces in walls be filled with shredded old tires? That's why we shoot into 'em...............

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