[40cal]

Since open carry became legal in Texas January 1st of this year, Walmart has assigned an employee to watch the entrances and ask those open carrying to show their handgun licenses.

Read about it here: http://www.bloomberg.com/news/articles/2016-01-06/wal-mart-workers-on-pistol-patrol-as-law-lets-texans-tote-guns

However, under government code 411.205, this is illegal because a Walmart employee or even a business owner has no right to demand to see a handgun license. Only magistrates and peace officers can ask to be shown a handgun license. Walmart can restrict entry or require exit from a gun owning customer, but cannot ask for this identification.

The code: http://codes.lp.findlaw.com/txstatutes/GV/4/B/411/H/411.205

I have filed a complaint on this matter. You can do the same here if you so desire: https://texasattorneygeneral.gov/forms/cpd/form.php

Or send an email to Walmart to complain: https://corporate.walmart.com/contact-us/store-corporate-feedback

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?

 

[Exarmyguy]

Don't give them your business.

 

[TheMonsantoPlanto]

They can ask you to donate blood and semen if they want. You can always decline.

 

[Andrew Jackson]

They can ask you to donate blood and semen if they want. You can always decline.

I almost spilled beer on my laptop because of you!

BTW, expect a PM imbound.

 

[Goblin X]

Dangitall

They can ask you to donate blood and semen if they want. You can always decline.

I just got the laptop cleaned out from the last time i sprayed it with coffee..... good one:thumb::thumb::thumb:

 

[TRyan]

They can ask you to donate blood and semen if they want. You can always decline.

Do you really think a donation of semen hasn't been given at Walmart?

https://youtu.be/2kvsIiC-JAQ

 

[Grevlin]

Looks like there are some bigger bugs to iron out...


'Open-carry' in Texas causing confusion for law enforcement
http://www.foxnews.com/politics/201...as-causing-confusion-for-law-enforcement.html

 

[thebrookdweller]

Since open carry became legal in Texas January 1st of this year, Walmart has assigned an employee to watch the entrances and ask those open carrying to show their handgun licenses.

Read about it here: http://www.bloomberg.com/news/articles/2016-01-06/wal-mart-workers-on-pistol-patrol-as-law-lets-texans-tote-guns

However, under government code 411.205, this is illegal because a Walmart employee or even a business owner has no right to demand to see a handgun license. Only magistrates and peace officers can ask to be shown a handgun license. Walmart can restrict entry or require exit from a gun owning customer, but cannot ask for this identification.

The code: http://codes.lp.findlaw.com/txstatutes/GV/4/B/411/H/411.205

I have filed a complaint on this matter. You can do the same here if you so desire: https://texasattorneygeneral.gov/forms/cpd/form.php

Or send an email to Walmart to complain: https://corporate.walmart.com/contact-us/store-corporate-feedback

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?

Well, from the article you posted this actually has to do with alcohol sales and Wal-Mart wanting to maintain compliance with the liquor laws in the state, they can lose their license if they knowingly allow someone with an unlicensed gun in the store. In the law that you cited it only says that the license holder must produce the license when asked by a peace officer or magistrate, it doesn't in any way restrict who can ask for it (keep in mind too that if you are asked, you do not have to comply). Remember that the greeters at Wal-mart are almost certainly acting on the behalf of the property owner and as such can request to see a license and deny entry upon the refusal to do so. I don't see anything wrong with Wal-Marts actions, they don't appear to be illegal either. If I were throwing a house party for a group of CCL holders, I have every right to ask someone entering my house for proof of their CCL and I can deny entry to those who refuse to show it to me.

 

[TomArnold]

It really is a balancing act for retailers and it's hard for them to find the right spot to stand on. From the article in the OP, it seems like Wal-Mart is only doing this in stores that sell alcohol because of the requirements of their liquor license.

They're really between a rock and a hard place. They say that they aren't banning open carry but they can't knowingly permit an unlicensed firearm because of the liquor license. If they don't check if the customer has a license, they have no way of knowing if they're licensed or not and risk losing their liquor license.

If I was Wal-Mart, I don't know what would be the best course of action if I still wanted to permit customers to open carry. This might be the issue that forces them to ban firearms, at least open carry. No gun carrying customer wants this, but I'd guess they make more money from alcohol than guns and that might end up being the deciding factor.

The way things are about guns these days, I really don't envy retailers for the decisions that they need to make. It's easy for me say that I won't shop in a store that bans guns but it's not easy for them - either way they're going to alienate millions of customers. Also, unfortunately for some people, there might not be any alternatives to shop at. What are they supposed to do?

I don't have any easy answers to any of these questions

 

[Grevlin]

It really is a balancing act for retailers and it's hard for them to find the right spot to stand on. From the article in the OP, it seems like Wal-Mart is only doing this in stores that sell alcohol because of the requirements of their liquor license.

They're really between a rock and a hard place. They say that they aren't banning open carry but they can't knowingly permit an unlicensed firearm because of the liquor license. If they don't check if the customer has a license, they have no way of knowing if they're licensed or not and risk losing their liquor license.

If I was Wal-Mart, I don't know what would be the best course of action if I still wanted to permit customers to open carry. This might be the issue that forces them to ban firearms, at least open carry. No gun carrying customer wants this, but I'd guess they make more money from alcohol than guns and that might end up being the deciding factor.

The way things are about guns these days, I really don't envy retailers for the decisions that they need to make. It's easy for me say that I won't shop in a store that bans guns but it's not easy for them - either way they're going to alienate millions of customers. Also, unfortunately for some people, there might not be any alternatives to shop at. What are they supposed to do?

I don't have any easy answers to any of these questions

Concealed Carry...simplifies so...very...much. :thumb:

 

[dontbuypotteryfromme]

Concealed Carry...simplifies so...very...much. :thumb:

Might stop you getting mugged for your gun.
https://www.google.com.au/url?sa=t&...NVU1tyhPCVUgnKu3g&sig2=MBKvS31M_46heOkG4xKYVw

 

[Grevlin]

Might stop you getting mugged for your gun.
https://www.google.com.au/url?sa=t&...NVU1tyhPCVUgnKu3g&sig2=MBKvS31M_46heOkG4xKYVw

I saw that story when it came out.

I've spotted a few people open carrying 'round here. Usually in Walmart, ironically.

I saw theirs...they did not see mine.

 

[usmountains]

I have taken my gun into walmart before where I live, I always carry. Except nobody sees it. So I never get questioned.

Wait, I thought texas was a gung ho freedom loving state. Did you let californians in? Time to put those gun racks back in the truck windows and let people get used to seeing guns.

 

[Justme11]

Pretty sure the truck would get broken into to steal a gun in the back window.

 

[Bigbubbajb]

For me, the only reason to be glad for open carry is in case I "peek a boo" accidentally.

 

[Kalashnikov47]

Then people should do the following:

1) Refuse to show the license and hand the person a copy of the law.

2) File a class action lawsuit against wallyworld.

 

[dontbuypotteryfromme]

Then people should do the following:

1) Refuse to show the license and hand the person a copy of the law.

2) File a class action lawsuit against wallyworld.

It is not illegal.

They can ask,you can refuse. They can refuse you entry.

Basic trespass 101.

 

[Kalashnikov47]

It is not illegal.

They can ask,you can refuse. They can refuse you entry.

Basic trespass 101.

I avoid wallyworld like the plague, so its not a place I go to anyway...

Yep, one can certainly refuse to show them a license and they can refuse entry, but before that person leaves they can hand the person checking licenses a copy of the law...

Mark my words, a lawsuit isn't far behind...but before that, slew of bad publicity.

I remember when wallyworld had someone at the door where people exit checking receipts to make sure people weren't stealing...but after a while wallyworld started getting bad press, saying wallyworld doesn't trust their customers, it wasn't long after that when wallyworld ended the practice of checking receipts at the door...it's only a matter of time before wallyworld ends this checking licenses at the door...

 

[Runamok]

It is not illegal.

They can ask,you can refuse. They can refuse you entry.

Basic trespass 101.

Obviously you didn't read the OP. Can't say I'm surprised though.

"Only magistrates and peace officers can ask to be shown a handgun license. Walmart can restrict entry or require exit from a gun owning customer, but cannot ask for this identification. "

So no, they cannot refuse you entry based on your refusal to provide "papers". Either they ban all carrying or allow it all but they cannot "check".

 

[Pitbull_Dallas]

All Wally World has to do is put the no guns sign on the entry doors and problem solved. That's still legal, open carry or not..