TexasCHLforum.com

has anyone ever been made and asked to leave?

To start this thread off I quote from another thread:

Lonestar 48 wrote: I'm just saying that if they go legal, or if they aren't legal but find out you have a weapon and ask you to leave, you still have the option of leaving your pistol in the car.....

Has anyone ever been made in a non-posted private business and been asked to leave?

Has anyone ever been made in an improperly posted private business and been asked to leave?

This "if you go in a business while carrying and are made and asked to leave" statement, IMNSHO, is pretty much a fallacious statement since we are supposed to maintain concealment.

I am just curious to see if there indeed are any instances to support this statement.

Anygunanywhere

I've not heard of this happening specifically, but a note to your scenario:

If you're asked to leave in regards to your possession of a handgun as a CHL holder, then a parking lot would be off limits too, if it is the premises of the business where you are. The reason is that if you're told you cannot have a gun there, you have been given verbal notice under TPC 30.06. One would reasonably believe that the notice pertains to all property that the business controls in that location, including the parking lot, unless it was specifically told to you that you would be OK putting it in the car. If the parking lot is a shared lot, such as in a strip mall or similar situation, then I would say the owner/management of the property would have to give you notice in order for that property (the parking lot or premises as a whole) to be considered off-limits. The exception to this (that I can think of) is if there is a parking area specifically allocated for that business, where they have the authority to manage the lot (such as having cars towed, etc.)

Over the span of many years and three different states with a chl (NY, NH, & TX) I have never been made by anyone. My wife made the mistake years ago of mentioning to someone at a party that I always carry a gun regardless of what I'm wearing or where I am (legal places). I had the female home owner come up to me and ask me to lift my shirt. I did and there was no gun to see (pocket carry that day, hee hee). I grinned and told her I would drop my pants for her too but she turned red and walked away. Still was not made even though I was carrying. I guess the main point is that you should always assume that you must keep your gun concealed. Don't fidget with it to bring attention to yourself. Wear the appropriate clothing or carry a gun that fits your attire of the day. That's all I have to say about that.

NcongruNt wrote:I've not heard of this happening specifically, but a note to your scenario:

If you're asked to leave in regards to your possession of a handgun as a CHL holder, then a parking lot would be off limits too, if it is the premises of the business where you are. The reason is that if you're told you cannot have a gun there, you have been given verbal notice under TPC 30.06. One would reasonably believe that the notice pertains to all property that the business controls in that location, including the parking lot, unless it was specifically told to you that you would be OK putting it in the car. If the parking lot is a shared lot, such as in a strip mall or similar situation, then I would say the owner/management of the property would have to give you notice in order for that property (the parking lot or premises as a whole) to be considered off-limits. The exception to this (that I can think of) is if there is a parking area specifically allocated for that business, where they have the authority to manage the lot (such as having cars towed, etc.)

True, but if you took it to your car, unloaded and seperated the weapon and ammo (say ammo in locked glove box and weapon in trunk) Then you wouldnt be carrying under the authority of your CHL and therefor 30.06 would not apply........right. This is more a question then a statement.

Personnally I would NEVER do that, unless I absolutely had to.

However, if you are carrying correctly (and do not have to use your weapon) you should never be "made" by the sheeple's. If you are in the pridicament of being outed because you has to use your weapon (and subsequently asked to leave) at least you get to walk out (as opposed to getting carried out).

AFCop wrote: True, but if you took it to your car, unloaded and seperated the weapon and ammo (say ammo in locked glove box and weapon in trunk) Then you wouldnt be carrying under the authority of your CHL and therefor 30.06 would not apply........right. This is more a question then a statement.

I don't believe that the laws reffering to CHL ever distinguish whether a gun is load assembled, cocked, holstered or safety enabled. The only conditition I remember mentioned is concealed, unconcealed, and actually firing.

Quite right. Texas has never made any legal distinction between loaded and unloaded.

At the winery where I work, I am generally the only person around if someone asks for a tasting. The way the seating arrangement is set up I have noticed a few people carrying in the building. Our business is very pro-carry, and if we are alone I will let them know they are printing, which usually leads to the fun gun conversations. We only sell bottled booze so we aren't 51% or 30.06.

On the other hand, on one occasion I have made the decision not to serve them more because personally, I felt the person was too intoxicated to carry and have more to drink. If they hadn't been carrying, and as long as they came with a DD, I would have let them continue. They left very very angry, didn't buy, and probably won't come back. If they had put their pistol in their car and came back in, I would have probably still felt uneasy and refused service still. In any other business I would have graciously let them come back in, but booze and guns don't really mix in my book.

I realize this is a somewhat special case, but I still feel as though my take on this is not considered kosher by a large percentage of the CCW community.

You have to "taste" a lot to be intoxicated. I have been to quite a few wineries and they seldom pour a lot. At least not often.

Mrs. Anygun hates it when I send a long stream of wine into the container intended for that purpose. She gets really testy when I call it a "spitoon". Some Napa valley wine folks have raised an eyebrow.

I digress.

Thanks for your post, Zach. I think you will find that most of the community here will support your initiative to not serve the individual more. Now, if only a large percentage of the adult populace were so responsible.

Back to my original questions.

Has anyone ever been made and asked to leave?

Anygunanywhere

Zach.....

At the winery where I work, I am generally the only person around if someone asks for a tasting. The way the seating arrangement is set up I have noticed a few people carrying in the building. Our business is very pro-carry, and if we are alone I will let them know they are printing, which usually leads to the fun gun conversations. We only sell bottled booze so we aren't 51% or 30.06.

On the other hand, on one occasion I have made the decision not to serve them more because personally, I felt the person was too intoxicated to carry and have more to drink. If they hadn't been carrying, and as long as they came with a DD, I would have let them continue. They left very very angry, didn't buy, and probably won't come back. If they had put their pistol in their car and came back in, I would have probably still felt uneasy and refused service still. In any other business I would have graciously let them come back in, but booze and guns don't really mix in my book.

I realize this is a somewhat special case, but I still feel as though my take on this is not considered kosher by a large percentage of the CCW community.

A CHL holder is not allowed legally to have ANY alcohol in them while carrying, so it doesn't matter what you felt was the amount to make them too tipsy for your standards

newlife12176 wrote:Zach.....

At the winery where I work, I am generally the only person around if someone asks for a tasting. The way the seating arrangement is set up I have noticed a few people carrying in the building. Our business is very pro-carry, and if we are alone I will let them know they are printing, which usually leads to the fun gun conversations. We only sell bottled booze so we aren't 51% or 30.06.

On the other hand, on one occasion I have made the decision not to serve them more because personally, I felt the person was too intoxicated to carry and have more to drink. If they hadn't been carrying, and as long as they came with a DD, I would have let them continue. They left very very angry, didn't buy, and probably won't come back. If they had put their pistol in their car and came back in, I would have probably still felt uneasy and refused service still. In any other business I would have graciously let them come back in, but booze and guns don't really mix in my book.

I realize this is a somewhat special case, but I still feel as though my take on this is not considered kosher by a large percentage of the CCW community.

A CHL holder is not allowed legally to have ANY alcohol in them while carrying, so it doesn't matter what you felt was the amount to make them too tipsy for your standards

That is incorrect. You cannot be intoxicated and carry, same as driving. This is located in subsection 46.035(d) of the Texas Penal Code:

(d) A license holder commits an offense if, while intoxicated, the
license holder carries a handgun under the authority of Subchapter H,
Chapter 411, Government Code, regardless of whether the handgun is
concealed.

In Section 46.035, "intoxicated" is defined to have the same meaning as that in 49.01(2) of the code:

(2) "Intoxicated" means:
(A) not having the normal use of mental or
physical faculties by reason of the introduction of alcohol, a
controlled substance, a drug, a dangerous drug, a combination of
two or more of those substances, or any other substance into the
body; or
(B) having an alcohol concentration of 0.08 or more.

By the way, welcome to the forum.

newlife12176 wrote:Zach.....

At the winery where I work, I am generally the only person around if someone asks for a tasting. The way the seating arrangement is set up I have noticed a few people carrying in the building. Our business is very pro-carry, and if we are alone I will let them know they are printing, which usually leads to the fun gun conversations. We only sell bottled booze so we aren't 51% or 30.06.

On the other hand, on one occasion I have made the decision not to serve them more because personally, I felt the person was too intoxicated to carry and have more to drink. If they hadn't been carrying, and as long as they came with a DD, I would have let them continue. They left very very angry, didn't buy, and probably won't come back. If they had put their pistol in their car and came back in, I would have probably still felt uneasy and refused service still. In any other business I would have graciously let them come back in, but booze and guns don't really mix in my book.

I realize this is a somewhat special case, but I still feel as though my take on this is not considered kosher by a large percentage of the CCW community.

A CHL holder is not allowed legally to have ANY alcohol in them while carrying, so it doesn't matter what you felt was the amount to make them too tipsy for your standards

Here is a FAQ from Texas DPS:

"Q: Can I carry a handgun when I am drinking?
A: Under the concealed handgun law, it is illegal to carry a handgun if you are intoxicated. The best idea is to leave your weapon at home if you intend to consume any alcoholic beverages."

The best idea for them is not always the best idea for everyone else. You have to be intoxicated for it to be illegal, and I'm sure most people aren't intoxicated just because they have alcohol in them.

newlife12176 wrote:
A CHL holder is not allowed legally to have ANY alcohol in them while carrying, so it doesn't matter what you felt was the amount to make them too tipsy for your standards

I see you are new here. Please, tell us what CHL instructor told you this? This simply isn't true.
It seems as though there are some instructors with an agenda or are misinformed.

I stand corrected. Thanks for the clarification. I don't know if my instructor told us this, or I just heard it that way. I don't drink so it will not be a problem.

Back on topic.

Has anyone ever been bmade while carrying and been asked to vacate the premises???

Anygunanywhere

anygunanywhere wrote:Back on topic.

Has anyone ever been bmade while carrying and been asked to vacate the premises???

Anygunanywhere

nope.