Interesting sign at Wal Mart

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thetexan
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Re: Interesting sign at Wal Mart

Post by thetexan »

tim665214 wrote:Saw the following sign on my way into Wal Mart this morning. (Decatur)

NOTICE
IT IS UNLAWFUL FOR A PERSON TO CARRY A WEAPON ON THIS PREMISE
UNLESS THE WEAPON IS A HANDGUN AND THE PERSON IS LICENSED
UNDER SUBCHAPTER H, CHAPTER 411 OF THE GOVERNMENT CODE


Is this just a friendly reminder that you must have a LTC to carry on premises, or do you think there is more to it?

EDIT:
I couldn't get an image to post on this thread, but here is a link to a picture I took with my phone:
https://drive.google.com/file/d/0ByoCRJ ... sp=sharing
The sign is incorrect. It is telling you it is illegal to Cary a weapon unless it is a handgun. That is factually untrue and this sign doesn't make it true.
Texas LTC Instructor, NRA Pistol Instructor, CFI, CFII, MEI Instructor Pilot
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CleverNickname
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Re: Interesting sign at Wal Mart

Post by CleverNickname »

TABC 61.71 says:
(f) Except as provided by Subsection (g) or (j), the commission or administrator shall cancel an original or renewal dealer's on-premises or off-premises license if it is found, after notice and hearing, that the licensee knowingly allowed a person to possess a firearm in a building on the licensed premises. This subsection does not apply to a person:
(1) who holds a security officer commission issued under Chapter 1702, Occupations Code, if:
(A) the person is engaged in the performance of the person's duties as a security officer;
(B) the person is wearing a distinctive uniform; and
(C) the weapon is in plain view;
(2) who is a peace officer;
(3) who is a licensee or an employee of a licensee if the person is supervising the operation of the premises; or
(4) who possesses a handgun the person is licensed to carry under Subchapter H, Chapter 411, Government Code, unless the person is on the premises of a business described by Section 46.035(b)(1), Penal Code.
The sign itself is technically untrue in that the person carrying the firearm is not committing a crime defined by TABC code. Presumably, Wal-mart doesn't want their license canceled. So they're going to tell anyone who enters with a firearm, but who doesn't meet any of the exceptions, that they can't carry there. Then the firearm carrier will be committing a crime if they don't leave once Walmart tells them to leave. And since they're going to do that, then the sign is not incorrect.
TexasRifleman

Re: Interesting sign at Wal Mart

Post by TexasRifleman »

ScottDLS wrote:
JP171 wrote:
ScottDLS wrote:
Glockedandlocked wrote:looked at the sign at my Walmart about 30 minutes ago, still same old TABC blue sign as always, notice it says "weapon" not handgun, it means any weapons because they sell alcohol unless licensed.

I know I have seen pics of the OCT nuts with rifles in Wally Worlds but doesn't mean it is legal, just hasn't been prosecuted.

Can you carry a long gun into a bar? Nope.
This has been discussed previously. You CAN legally carry a rifle into a place that sells alcohol. The blue sign references PC 46.02 which relates to handguns, clubs, and illegal knives. Per the TABC code the store can lose it's liquor license if you do...although there's an interesting exception for a store with an FFL which some WalMarts have.
actually the blue TABC sign does not reference 46.02 it references the alcoholic beverage code and means ALL weapons not just firearms
Then please quote the section of the alcoholic beverage code that makes it a crime to carry a long gun... :???:
It's not a crime as I understand it but TABC can revoke the businesses license for allowing carry (without an LTC) on their premises. There is an exception for licensees that also have an FFL, like most Wal Marts.

Penal Code only addresses handguns, illegal knives, and clubs even though the TABC blue sign says "weapons":

PC 46.03 relevant sections:

Sec. 46.02. UNLAWFUL CARRYING WEAPONS. (a) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun, illegal knife, or club if the person is not:

Then all the "nots" and then:

(c) An offense under this section is a felony of the third degree if the offense is committed on any premises licensed or issued a permit by this state for the sale of alcoholic beverages.

Nothing about long guns at all.
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ScottDLS
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Re: Interesting sign at Wal Mart

Post by ScottDLS »

:iagree:

That was my point. The TABC blue sign is, in fact, referencing PC 46.02 when it says carrying weapons is a felony. The other sign that's been springing up is not technically true unless it is trying to state that you are not permitted to ENTER with a long gun (30.05 trespass). But the wording seems to be telling you that just carrying one in is a crime. That is false, unless accompanied by a verbal notice.
4/13/1996 Completed CHL Class, 4/16/1996 Fingerprints, Affidavits, and Application Mailed, 10/4/1996 Received CHL, renewed 1998, 2002, 2006, 2011, 2016...). "ATF... Uhhh...heh...heh....Alcohol, tobacco, and GUNS!! Cool!!!!"
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CleverNickname
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Re: Interesting sign at Wal Mart

Post by CleverNickname »

ScottDLS wrote::iagree:

That was my point. The TABC blue sign is, in fact, referencing PC 46.02 when it says carrying weapons is a felony. The other sign that's been springing up is not technically true unless it is trying to state that you are not permitted to ENTER with a long gun (30.05 trespass). But the wording seems to be telling you that just carrying one in is a crime. That is false, unless accompanied by a verbal notice.
So what do you want Walmart to do, put up a sign that says "While it's technically not illegal for you to carry long guns in this store, TABC will take our alcohol license away if we let you do that, so our policy is to tell anyone who does that not to do it"?

It's a lot simpler just to post a sign like they did.
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ScottDLS
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Re: Interesting sign at Wal Mart

Post by ScottDLS »

I have seen a sign at Whole Foods that essentially said "TABC says we can't let you in with weapons, so our policy is you're not welcome with a long gun" I don't recall the exact wording and I didn't take a picture. Essentially a 30.05 notice. They also have compliant 30.06 signs last time I checked too...and I don't doubt they'll post 30.07.

But Walmart's sign is wrong on the law AND wrong on the TABC policy for those locations that have a FFL, which many do.
4/13/1996 Completed CHL Class, 4/16/1996 Fingerprints, Affidavits, and Application Mailed, 10/4/1996 Received CHL, renewed 1998, 2002, 2006, 2011, 2016...). "ATF... Uhhh...heh...heh....Alcohol, tobacco, and GUNS!! Cool!!!!"
Waco1959
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Re: Interesting sign at Wal Mart

Post by Waco1959 »

tim665214 wrote:Saw the following sign on my way into Wal Mart this morning. (Decatur)

NOTICE
IT IS UNLAWFUL FOR A PERSON TO CARRY A WEAPON ON THIS PREMISE
UNLESS THE WEAPON IS A HANDGUN AND THE PERSON IS LICENSED
UNDER SUBCHAPTER H, CHAPTER 411 OF THE GOVERNMENT CODE
It is the current TABC "Blue" sign, likely downloaded from the TABC website, and printed undersized on a B&W printer. I believe the sign is designed to be printed on a legal size (or larger) sheet and NOTICE should be dark blue.

http://www.tabc.state.tx.us/publication ... eapons.pdf
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