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CHL Infringement?

Posted: Wed Dec 28, 2011 6:14 pm
by UNTCHL12
So I recently was at basspro shops in Grapevine. I usually shoot here at minimum once a week. As long as I have been going there, Each time I go in I simply inform the front door attendant I have my CHL and they allow me to proceed to the range without locking my firearm. Then when leaving, I go through the same process. Today however while leaving, I was asked to lock my firearm. I thought the guy had forgotten that I had my CHL so I informed him again. He proceeded to tell me that it didnt matter, but because I had pulled the firearm out (clearly, Im at a shooting range) that I was required to lock it. Has anyone heard of this? or have any input? How is this not an infringement of my rights to having a CHL. There is no signage posted by any means.

Re: CHL Infringement?

Posted: Wed Dec 28, 2011 6:27 pm
by ELB
UNTCHL12 wrote: ..., I was asked to lock my firearm.....
What exactly does this mean? Put it in a locked case? Trigger lock?


Tangent: Man, Grapevine is getting a lot of press on this board lately. :confused5

Re: CHL Infringement?

Posted: Wed Dec 28, 2011 6:29 pm
by UNTCHL12
I apologize... A trigger lock.

Re: CHL Infringement?

Posted: Wed Dec 28, 2011 6:37 pm
by ELB
UNTCHL12 wrote: ... How is this not an infringement of my rights to having a CHL. There is no signage posted by any means.
Oh, and to answer this question - they are a private commercial entity, not the government, and you are on their property, to which they have the "right" to make the rules, sign or not. The rights of commercial entities are limited in some respects; e.g. they cannot legally/publicly refuse to cater to or hire people based on race, for example, but under the Texas law they can control who carries a concealed handgun, and informing you of the rules verbally satisfies the law.

"Infringement" generally is used with respect to government action or law; for example ".,,shall not be infringed." The whole CHL program is really an infringement on the 2A, but since it is step up from the total "infringement" that used to exist towards the state of "...shall not be infringed" it's an OK interim compromise.

Re: CHL Infringement?

Posted: Wed Dec 28, 2011 6:38 pm
by ELB
UNTCHL12 wrote:I apologize... A trigger lock.
Aha. Doesn't change my previous answer, I was just curious as to what they wanted you to do. Thanks.

Re: CHL Infringement?

Posted: Wed Dec 28, 2011 6:43 pm
by UNTCHL12
No I was informed this was a STATE LAW... and that they have to abide by it. Also, forgive my ignorance, I thought if an establishment wanted to restrict the carrying of firearms on their private property, they still had to post signage i.e. The 30.06 bill. Which allows private business to not allow concealed carry on their property. Are they allowed to just make up rules? where might I find that information? any penal code number would help.

Re: CHL Infringement?

Posted: Wed Dec 28, 2011 6:51 pm
by Charles L. Cotton
UNTCHL12 wrote:No I was informed this was a STATE LAW... and that they have to abide by it. Also, forgive my ignorance, I thought if an establishment wanted to restrict the carrying of firearms on their private property, they still had to post signage i.e. The 30.06 bill. Which allows private business to not allow concealed carry on their property. Are they allowed to just make up rules? where might I find that information? any penal code number would help.
There is no such law in Texas.

A 30.06 sign is required only if a business wants to exclude armed CHL's. They can have their trigger lock rule if they wish. I wouldn't begin to put a trigger lock on a loaded pistol and I'm not walking out of any building with my gun unloaded, so we would have a problem. They couldn't stop me from leaving (false imprisonment, perhaps kidnapping), but they could refuse to allow me to enter again without installing the trigger lock.

I've never heard of this at Bass Pro and I hate to hear it now. I have a hard time believing it's a corporate wide policy.

Chas.

Re: CHL Infringement?

Posted: Wed Dec 28, 2011 6:56 pm
by UNTCHL12
Is there any kind of information in penal codes that support this... I literally had the Store manager tell me that I didnt understand the law and that I needed to go back and retake the course... actually quite a frustrating experience. I understand the 30.06 bill, I was just using the signage as an example. And I agree, if they want to have my gun locked, then do it both times. Why can I come on premises and not have it locked, but have to have it locked to leave... anyways, needless to say I will be taking basspro on over the next few days, I will attempt to keep everyone posted.

Re: CHL Infringement?

Posted: Wed Dec 28, 2011 6:57 pm
by The Annoyed Man
I carry concealed into the Bass Pro in Grapevine, buy a box of ammo at the range check in desk, and show the guy my CHL when he asks where my gun is. They never blow my cover. I go in, unholster discretely, do my shooting, reholster discretely, and leave. Never had a problem.

Re: CHL Infringement?

Posted: Wed Dec 28, 2011 6:59 pm
by Teamless
UNTCHL12 wrote:Is there any kind of information in penal codes that support this
as others have said above, it is private establishment, they can make their own policies.

Yes, the store personnel are misinformed about the law, but regardless of that fact, they can still make up rules that you will have to follow, or have them call the police (possibly) or they can also refuse service to you, and your business.

Re: CHL Infringement?

Posted: Wed Dec 28, 2011 7:04 pm
by UNTCHL12
The annoyed man, I have had the same experience, for nearly 5 years. Never had an issue until today.

Re: CHL Infringement?

Posted: Wed Dec 28, 2011 7:12 pm
by RoyGBiv
You ran in to a RO that had to have it his way. As long as the RO was polite and professional, I would defer to their request. The RO is the boss when you're on their range.

If I was treated impolitely, I'd discuss it with management, calmly. It's just business after all.

Re: CHL Infringement?

Posted: Wed Dec 28, 2011 7:27 pm
by C-dub
The Annoyed Man wrote:I carry concealed into the Bass Pro in Grapevine, buy a box of ammo at the range check in desk, and show the guy my CHL when he asks where my gun is. They never blow my cover. I go in, unholster discretely, do my shooting, reholster discretely, and leave. Never had a problem.
I do something very similar to this. Several trip to this range ago the person minding the range said that since I had my CHL he didn't need to lock up my gun. The next time I came in to shoot there was a little bit of an awkward moment at the entrance. The lady asked me if there was anything I needed to declare before I went to the range and eventually I said, "No." They person at the range never asked me about my gun and just let me on in after paying the range fee. When I was done I just left. Every time since then I just go on in with my ammo and targets in my ammo can and no one asks me anything going in or leaving. I go out the regular exit and not the entrance as I used to when they locked my gun.

I have found that since the place became more CHL friendly it has been much easier to use the range.

Re: CHL Infringement?

Posted: Wed Dec 28, 2011 7:31 pm
by C-dub
Charles L. Cotton wrote:
UNTCHL12 wrote:No I was informed this was a STATE LAW... and that they have to abide by it. Also, forgive my ignorance, I thought if an establishment wanted to restrict the carrying of firearms on their private property, they still had to post signage i.e. The 30.06 bill. Which allows private business to not allow concealed carry on their property. Are they allowed to just make up rules? where might I find that information? any penal code number would help.
There is no such law in Texas.

A 30.06 sign is required only if a business wants to exclude armed CHL's. They can have their trigger lock rule if they wish. I wouldn't begin to put a trigger lock on a loaded pistol and I'm not walking out of any building with my gun unloaded, so we would have a problem. They couldn't stop me from leaving (false imprisonment, perhaps kidnapping), but they could refuse to allow me to enter again without installing the trigger lock.

I've never heard of this at Bass Pro and I hate to hear it now. I have a hard time believing it's a corporate wide policy.

Chas.
I doubt it's any kind of corporate policy. It's probably just some dingleberry manager trying to exert his own authority and warped sense of discipline against CHL's.

Re: CHL Infringement?

Posted: Wed Dec 28, 2011 9:00 pm
by MasterOfNone
While no state law requires that you lock your gun in this scenario, the business can dictate the terms under which you possess the gun on their property. They can meet the requirement of 30.06 by giving you oral notice. (Note, 30.06 is a section of the penal code, not a bill). So they can tell you that you must lock the gun while on their property.
If you chose to disregard their requirement, you must immediately leave the property because you have been given 30.06 notice (orally). They could then:
call the cops - Since you are leaving upon receiving notice, you should not be arrested.
tell you not to come back - Returning would then be a violation of 30.05.
let you leave.