Carry unconcealed w/ permission of restaurant owner?

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scott_dfw
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Carry unconcealed w/ permission of restaurant owner?

#1

Post by scott_dfw »

Hello all... this is my 1st question out of the "waiting room"... it only took 2 total days to get my plastic after the website status changed. I am still in shock and awe that I'm already holding the real plastic. :mrgreen:

My question is...

I meet with a large group of friends every week at a small-ish privately-owned restaurant, that is owned by a friend. He is the main employee, owner, etc. He is very gun friendly as well, which is a nice change of pace. I would obviously carry concealed to and from the restaurant. If he has no problems with it...is it still illegal for me to remove my jacket in his restaurant...and be un-concealed while I'm in there?

I'm asking just to make 'sure'. I used to open carry a handgun at a shop I worked at, since it was a cash-based business. Police were in and out of there all the time, and obviously had no problems with it. But being a restaurant, not employed by said restaurant, etc....I thought maybe things change in the rulebook.

Just one of those technicalities I thought I would ask the group here...and get a general consensus.

Thanks all,

Scott
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longtooth
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Re: Carry unconcealed w/ permission of restaurant owner?

#2

Post by longtooth »

Technically no one can give you permission to open carry in their business. If another customer saw you, complained & called the Law you would be in violation.
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Topic author
scott_dfw
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Re: Carry unconcealed w/ permission of restaurant owner?

#3

Post by scott_dfw »

Very good. Thanks LT.

-scott
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longtooth
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Re: Carry unconcealed w/ permission of restaurant owner?

#4

Post by longtooth »

:tiphat: You are welcome sir.
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E10
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Re: Carry unconcealed w/ permission of restaurant owner?

#5

Post by E10 »

You could ask your restaurant owner friend to appoint you his agent. This was how security guards could go armed back in the 1970s before the commissioning process began, and that law has not changed. You can carry openly on property you own or control. Of course, it might not go over well with the other patrons.

stormbringerr
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Re: Carry unconcealed w/ permission of restaurant owner?

#6

Post by stormbringerr »

the c in CHL stands for concealed in Texas. :evil2:
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Vic303
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Re: Carry unconcealed w/ permission of restaurant owner?

#7

Post by Vic303 »

I'm not a lawyer, but I know that the employees at Bullet Trap Inc in Plano open carry in the store, as a matter of store policy. They used to carry concealed, but the owner changed that to open carry a while back.

KBCraig
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Re: Carry unconcealed w/ permission of restaurant owner?

#8

Post by KBCraig »

Vic303 wrote:I'm not a lawyer, but I know that the employees at Bullet Trap Inc in Plano open carry in the store, as a matter of store policy. They used to carry concealed, but the owner changed that to open carry a while back.
Gun store employees are a strange case. Everyone agrees that by the letter of the law, they can't carry openly. Most people are shocked to realize this, because it's so commonplace.

I've never heard of a prosecution for UCW from a gun store employee carrying openly.

Deaf Smith
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Re: Carry unconcealed w/ permission of restaurant owner?

#9

Post by Deaf Smith »

As long as the employee has 'control' of the establishment, and the owner gives his blessings, I'm pretty sure they can carry.

But except for gun ranges, I've never seen it done as it becomes kind of close to being a security guard, and that requires a license and training.
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Re: Carry unconcealed w/ permission of restaurant owner?

#10

Post by tarkus »

If property rights allow a no-gun restaurant owner to ban a CHL from carrying a concealed handgun, it seems like a pro-gun restaurant owner would have the property right to allow unconcealed carry on his property.
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