
Fort Worth Stock show posted
Moderators: carlson1, Charles L. Cotton
Fort Worth Stock show posted
I went to the Fort Worth Stock show today and it was properly posted with the 30.06 signage at every entrance I saw. The State Fair allows CHL but the Stock show does not. 

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That's an interesting question; I wish I had a good answer. It might be a §1983 civil rights violation, but that's not my area of practice and I'm not sure. Just thinking out loud, if a CHL was told they couldn't enter but did so anyway and was arrested, then they may well have a §1983 action against the arresting officer and his/her agency. Again, I'm not certain.AG-EE wrote:The act of posting the signs is un-enforceable, but if they actually denied entrance to someone with a CHL, wouldn't that be illegal?
By no means am I suggesting this course of action!!
Regards,
Chas.
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I agree...I have seen enough cows in my short 41 years in this world...Charles L. Cotton wrote:By no means am I suggesting this course of action!!

Sure is a quandry to be in..."Legally posted, but not enforcable"
Like Roy D Mercer says..."How big a boy are you!"
"Perseverance and Preparedness triumph over Procrastination and Paranoia every time.” -- Steve
NRA - Life Member
"Quis custodiet ipsos custodes?"
Μολών λαβέ!
NRA - Life Member
"Quis custodiet ipsos custodes?"
Μολών λαβέ!
Will Rogers Exhibit hall
A couple of months ago I went to the gun show at Will Rogers Exhibit Hall. At the admission table next to the LEOs checking weapons was a large sign that had non-30.06 language stating no concealed weapons allowed - including concealed licensed holders. So I went back to my vehicle and locked it up and went back in. I have always wondered about that. Did anyone else notice the sign?
They were not searching people at the entrances. I could of carried and not had a problem (concealed means concealed) but I did not want to become a test case.AG-EE wrote:The act of posting the signs is un-enforceable, but if they actually denied entrance to someone with a CHL, wouldn't that be illegal?
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OK. But how can it be a federal violation of a state statute?Charles L. Cotton wrote:It's a legal slang term refering to a federal civil rights violation/suit.Arock wrote:I am not a lawyer nor do I play one on TV. What does "§1983 action" mean?
Regards,
Chas.
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If a law enforcement officer arrests someone for violation of any statute and the officer knows or should know the "suspect" hasn't violated the law, then they have violated the person's civil rights. They have wrongfully deprived a person of liberty under color of law. This can also be true if the arrest is made pursuant to an arrest warrant, if the officer knows the warrant is defective or was obtained unlawfully. This is a gross over-simplification, as there are numerous factors to consider.Arock wrote:OK. But how can it be a federal violation of a state statute?Charles L. Cotton wrote:It's a legal slang term refering to a federal civil rights violation/suit.Arock wrote:I am not a lawyer nor do I play one on TV. What does "§1983 action" mean?
Regards,
Chas.
There is a 6th Cir. Court of Appeals case dealing with a suit against an officer that arrested a person knowing the person likely had a defense to prosecution. This is unusual, as defenses must be proven in court and heretofore were not considered to prohibit an officer from making an arrest. The Court held arresting someone who probably had a defense (i.e. CHL, LEO, traveling, etc.) was a civil rights violation. I'll try to find the case and post it. I am not familiar with all of the facts of the case, but it's potentially significant in HB823 cases, if the 5th Cir. adopts the decision. I’m not at all sure it will, but Chuck Rosenthal may provide the opportunity to find out. Unfortunately, it won’t be him sued, but the arresting officer that relied upon his instructions.
Regards,
Chas.