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Old 01-07-2016, 04:14 PM
S610 S610 is offline
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Originally Posted by Goodwrench708 View Post
Rights are taken one at a time. We have to fight each step of the way. If Walmart doesn't want guns in their stores, let them come right out and say so. At least then we know where they stand!

Thoughts?
Think of it like a driver's license. The only people that you MUST show it to are the cops if they ask for it while you were driving. Bars, hotels, airports, gun stores, car dealerships, etc... can ALL ask for your drivers license and refuse to admit/serve/sell to you if you won't provide it.

Plus Walmart is NOT doing this to annoy you or show their disapproval for gun rights, they are ONLY doing it so they don't lose the right to sell alcoholic beverages. Give them a break.
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Old 01-07-2016, 05:15 PM
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Quote:
Originally Posted by S610 View Post
Think of it like a driver's license. The only people that you MUST show it to are the cops if they ask for it while you were driving. Bars, hotels, airports, gun stores, car dealerships, etc... can ALL ask for your drivers license and refuse to admit/serve/sell to you if you won't provide it.

Plus Walmart is NOT doing this to annoy you or show their disapproval for gun rights, they are ONLY doing it so they don't lose the right to sell alcoholic beverages. Give them a break.
Lol....I agree with you
On my box that was a quote from the OP original post.
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Old 01-07-2016, 05:18 PM
GG42 GG42 is offline
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The Texas laws are quite absurd: the WHOLE point of open carry is so you don't need a license to do it. The regulation about alcohol should be challenged in court and in the press.
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Old 01-07-2016, 05:24 PM
London808 London808 is offline
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Quote:
Originally Posted by GG42 View Post
The Texas laws are quite absurd: the WHOLE point of open carry is so you don't need a license to do it. The regulation about alcohol should be challenged in court and in the press.
You are required by law to have a permit/licence to open carry a handgun. So asking to see it shouldent be to much of a problem,

I think your talking about constitutional carry,
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Old 01-07-2016, 05:32 PM
GG42 GG42 is offline
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Quote:
Originally Posted by London808 View Post
You are required by law to have a permit/licence to open carry a handgun. So asking to see it shouldent be to much of a problem,

I think your talking about constitutional carry,
Of course I am.
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Old 01-07-2016, 06:23 PM
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I don't live in Texas and I haven't stepped foot in a Walmart in over a year and a half.

My advice: Do Not Shop at Walmart folks.
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Old 01-08-2016, 12:58 AM
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Originally Posted by Jager78 View Post
I don't live in Texas and I haven't stepped foot in a Walmart in over a year and a half.

My advice: Do Not Shop at Walmart folks.
This is not an issue for Walmart....so what are you talking about?
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Old 01-08-2016, 08:52 AM
TXShelbyman TXShelbyman is offline
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I searched the TABC code and did not find anything that would apply to Walmart. The only thing I found applied to businesses that sell alcohol for on premises consumption.

SUBCHAPTER C. CANCELLATION AND SUSPENSION OF PERMITS
Sec. 11.61.
CANCELLATION OR SUSPENSION OF
PERMIT.

(e)
Except as provided by Subsection (f)
or (i), the commission or administrator shall cancel
an original or renewal permit if it is found, after notice and hearing, that the permittee 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 permittee or an employee of a permittee if the person is supervising the operation of the premises; or
(4)who possesses a [concealed] handgun the person is licensed to carry underSubchapter H, Chapter 411, Government Code, unless the person is on the premises of a business described by Section 46.035(b)(1), Penal Code[
Refer to Appendix for this citation].

Sec.
46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER.
(b)
(1) on the premises of a business that has a permit or license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic Beverage Code, if the business derives 51 percent or more of its income from the sale or service of alcoholic beverages for on-premises consumption, as determined by the Texas
Alcoholic Beverage Commission under Section 104.06, Alcoholic Beverage Code;

I could have missed something as the code is not that straight forward.
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Old 01-08-2016, 10:08 AM
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http://www.tabc.texas.gov/laws/gun_r...provisions.asp
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Old 01-08-2016, 11:06 AM
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Quote:
Originally Posted by Goodwrench708 View Post
Here's the relevant part of that law, which further proved my original point :


Quote:
(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:

(snip)

(4) who possesses a concealed 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.
Section 46.035(b)(1) is here:

Quote:
(1) on the premises of a business that has a permit or license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic Beverage Code, if the business derives 51 percent or more of its income from the sale or service of alcoholic beverages for on-premises consumption, as determined by the Texas Alcoholic Beverage Commission under Section 104.06, Alcoholic Beverage Code.
This is the "51%" rule. You cannot carry a firearm in a bar or anywhere alcohol is consumed openly, basically. Walmart does not derive even close to 51% of its income from those sales.

The argument some of you are making (and Walmart is too) is invalid based upon existing law. They have no duty to monitor firearms strictly based upon their liquor license.
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Old 01-08-2016, 11:16 AM
GG42 GG42 is offline
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Quote:
Originally Posted by 40cal View Post
Here's the relevant part of that law, which further proved my original point :




Section 46.035(b)(1) is here:



This is the "51%" rule. You cannot carry a firearm in a bar or anywhere alcohol is consumed openly, basically. Walmart does not derive even close to 51% of its income from those sales.

The argument some of you are making (and Walmart is too) is invalid based upon existing law. They have no duty to monitor firearms strictly based upon their liquor license.
You have misunderstood the rule: the exemption is granted to a CCL holder UNLESS he is in a "bar". So if he is not in a bar, he still must have a CCL.
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Old 01-08-2016, 11:35 AM
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Quote:
Originally Posted by GG42 View Post
You have misunderstood the rule: the exemption is granted to a CCL holder UNLESS he is in a "bar". So if he is not in a bar, he still must have a CCL.
Correct, and, once again, nobody can legally require you to show it outside of a magistrate or peace officer.
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Old 01-08-2016, 12:12 PM
3cyl 3cyl is offline
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No one has disagreed with you on that point have they?
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Old 01-08-2016, 12:44 PM
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Quote:
Originally Posted by Justme11 View Post
Pretty sure the truck would get broken into to steal a gun in the back window.
But for sure they would leave a filled out NICs form. The Muslim said.

WW
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Old 01-08-2016, 02:20 PM
Duncan1371 Duncan1371 is offline
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I don't really have an iron in the fire so to speak. I agree that this isn't a Walmart problem it the liqour license, but I feel like the key word here is knowingly would it be safe to assume that a reasonable person looking at an individual open carrying assume that he is legal.

This is simply my opinion that walmart shouldn't have to worry about this since a reasonable person would assume they have a permit to carry since they are ocing. Therefore if someone wasn't they didn't knowingly let it happen.

They have lawyers for this tho so it is probably a moot point and they decided that that wouldn't apply.
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Old 01-08-2016, 03:31 PM
London808 London808 is offline
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Quote:
Originally Posted by 40cal View Post
Correct, and, once again, nobody can legally require you to show it outside of a magistrate or peace officer.
YOU ARE NOT GETTING IT,
Walmart can ask you do to anything they want. If you dont comply they can ask you to leave. if you dont leave you are trespassing.

Sec. 30.05. CRIMINAL TRESPASS. (a) A person commits an offense if the person enters or remains on or in property of another, including residential land, agricultural land, a recreational vehicle park, a building, or an aircraft or other vehicle, without effective consent and the person:
(1) had notice that the entry was forbidden; or
(2) received notice to depart but failed to do so.

Could also be carrying a firearm whilst in commission of a crime as well depending on what level (A,B,C) of misdemeanor Criminal Trespassing is.
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Old 01-08-2016, 03:44 PM
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Quote:
Originally Posted by London808 View Post
YOU ARE NOT GETTING IT,
Walmart can ask you do to anything they want. If you dont comply they can ask you to leave. if you dont leave you are trespassing.

Sec. 30.05. CRIMINAL TRESPASS. (a) A person commits an offense if the person enters or remains on or in property of another, including residential land, agricultural land, a recreational vehicle park, a building, or an aircraft or other vehicle, without effective consent and the person:
(1) had notice that the entry was forbidden; or
(2) received notice to depart but failed to do so.

Could also be carrying a firearm whilst in commission of a crime as well depending on what level (A,B,C) of misdemeanor Criminal Trespassing is.
Look, England, I said that in my earlier post. Either forbid guns in your store or don't, but don't demand a license when the law clearly states you can't.
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Old 01-08-2016, 03:51 PM
LibShooter LibShooter is offline
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Quote:
Originally Posted by 40cal View Post
Correct, and, once again, nobody can legally require you to show it outside of a magistrate or peace officer.
Correct. Walmart can REQUEST you show your CCL. Then they can REQUEST you leave their store based on your response to that request. If you remain at their store after their request that you leave, you are guilty of trespass. Then they can call the police who will REQUIRE you to leave Walmart's store.

Last edited by LibShooter; 01-08-2016 at 03:55 PM.. Reason: clarity
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Old 01-08-2016, 04:07 PM
London808 London808 is offline
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Quote:
Originally Posted by 40cal View Post
Look, England, I said that in my earlier post. Either forbid guns in your store or don't, but don't demand a license when the law clearly states you can't.
There is no law forbidding them from asking, There a private entity. They can ask you to step on a scale before shopping if they want, If they dont want unlicensed people carrying a firearm in there store they have that right,

They are not violating any law by asking. Regardless of what the liquor law says or the reason Walmart gives for asking There is no law that stops them from asking. The law you cited in your original post only applies to goverment officials.
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Old 01-08-2016, 04:29 PM
PurpleKitty PurpleKitty is online now
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I went to wallyworld today.

I didn't see anyone extra at the front looking for guns, it was just the regular greeters.

The only police action involved a shoplifter.
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