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Just had firearm confiscated
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<blockquote data-quote="dennishoddy" data-source="post: 3424868" data-attributes="member: 5412"><p>If I remember right, the 30-06 law that Texas business have must be posted conspicuously at the entrance to the business. I would hustle down to the main entrance and any other entrance you can find and see if these signs are posted. If not, you may have a leg to stand on to get your gun back. </p><p></p><p>The Signs</p><p></p><p>Some establishments choose not to allow weapons onto their premises for a variety of factors. Whether you agree with these reasons or not, it is the choice of the business to decide if they will, or will not, allow firearms.</p><p></p><p>It <em>is</em> private property after all, and they have the right to say who is and is not allowed on their property, just as you’d expect in your own home.</p><p></p><p>Your constitutional right to “keep and bear arms” does not supersede <a href="https://www.cato.org/cato-handbook-policymakers/cato-handbook-policy-makers-8th-edition-2017/property-rights-constitution" target="_blank"><em>their</em> constitutional right</a> to do as they wish with owned property.</p><p></p><p>If a business doesn’t allow weapons on their property, they must notify their customers with either a verbal and/or written notice and both carry the same weight in court.</p><p></p><p>Some businesses are <em>required</em> by law to have a sign posted making it clear the legality of carrying a gun onto the property. According to the <a href="https://www.tabc.state.tx.us/laws/sign_requirements.asp" target="_blank">Texas Alcoholic Beverage Commission,</a> if a business derives 51% of its revenue from the sale of alcoholic beverages for on-premises consumption, they <em>must</em> post a “51%” sign.</p><p></p><p><img src="https://amedia.concealedcarry.com/wp-content/uploads/sites/56/2018/09/26134012/Texas-51-Percent-Signs-300x183-300x183.jpg" alt="" class="fr-fic fr-dii fr-draggable " style="" /></p><p></p><p>If a business derives <em>any </em>revenue from alcohol sales up to 50%, they must post this sign at every entrance:</p><p></p><p><img src="https://amedia.concealedcarry.com/wp-content/uploads/sites/56/2018/09/26134046/tabc-weapons-183x300.jpg" alt="" class="fr-fic fr-dii fr-draggable " style="" /></p><p></p><p>Notice this sign says <em>“Unlicensed.” </em>So, if you see this sign in a restaurant and have a concealed handgun license, don’t worry, you’re good to go.</p><p></p><p>Some businesses don’t have a choice, so keep that in mind and don’t be too hard on them.</p><p></p><p>Signs banning guns are not a friendly suggestion, they actually carry the weight of the law in Texas. But, the sign must be displayed in a particular way in order to be correct. The sign <em>must:</em></p><p></p><ol> <li data-xf-list-type="ol">Say the following exactly, in both English and Spanish:</li> </ol><p>“Pursuant to <em>Section 30.06, Penal Code</em> (trespass by a license holder with a concealed handgun), a person licensed under <em>Subchapter H, Chapter 411, Government Code</em> (handgun licensing law), may not enter this property with a concealed handgun.”</p><p></p><ol> <li data-xf-list-type="ol">Be posted on the property and be displayed in a conspicuous manner clearly visible to the public. 30.07 signs must be posted at each entrance, but this is not a requirement of 30.06 signs at this time.</li> <li data-xf-list-type="ol">Appear in contrasting colors with block letters at least one inch in height.</li> </ol><p>This means taping a napkin up in the window with “NO GUNS” scrawled across it in Sharpie doesn’t cut it in court.</p><p></p><p><img src="https://amedia.concealedcarry.com/wp-content/uploads/sites/56/2018/09/26134236/Texas-no-handgun-sign-30.061-300x250.png" alt="" class="fr-fic fr-dii fr-draggable " style="" /></p><p>Penal Code Section 30.06 Sign</p><p></p><p>This is the law written for businesses who do not allow weapons on their property. The offense is called <em>“Trespass by License Holder with a Concealed Handgun.”</em></p><p><em><a href="https://texas.concealedcarry.com/2019/01/18/30-06-and-30-07-signs-where-cant-you-carry-in-texas/" target="_blank">https://texas.concealedcarry.com/2019/01/18/30-06-and-30-07-signs-where-cant-you-carry-in-texas/</a></em></p><p><em></em></p></blockquote><p></p>
[QUOTE="dennishoddy, post: 3424868, member: 5412"] If I remember right, the 30-06 law that Texas business have must be posted conspicuously at the entrance to the business. I would hustle down to the main entrance and any other entrance you can find and see if these signs are posted. If not, you may have a leg to stand on to get your gun back. The Signs Some establishments choose not to allow weapons onto their premises for a variety of factors. Whether you agree with these reasons or not, it is the choice of the business to decide if they will, or will not, allow firearms. It [I]is[/I] private property after all, and they have the right to say who is and is not allowed on their property, just as you’d expect in your own home. Your constitutional right to “keep and bear arms” does not supersede [URL='https://www.cato.org/cato-handbook-policymakers/cato-handbook-policy-makers-8th-edition-2017/property-rights-constitution'][I]their[/I] constitutional right[/URL] to do as they wish with owned property. If a business doesn’t allow weapons on their property, they must notify their customers with either a verbal and/or written notice and both carry the same weight in court. Some businesses are [I]required[/I] by law to have a sign posted making it clear the legality of carrying a gun onto the property. According to the [URL='https://www.tabc.state.tx.us/laws/sign_requirements.asp']Texas Alcoholic Beverage Commission,[/URL] if a business derives 51% of its revenue from the sale of alcoholic beverages for on-premises consumption, they [I]must[/I] post a “51%” sign. [IMG]https://amedia.concealedcarry.com/wp-content/uploads/sites/56/2018/09/26134012/Texas-51-Percent-Signs-300x183-300x183.jpg[/IMG] If a business derives [I]any [/I]revenue from alcohol sales up to 50%, they must post this sign at every entrance: [IMG]https://amedia.concealedcarry.com/wp-content/uploads/sites/56/2018/09/26134046/tabc-weapons-183x300.jpg[/IMG] Notice this sign says [I]“Unlicensed.” [/I]So, if you see this sign in a restaurant and have a concealed handgun license, don’t worry, you’re good to go. Some businesses don’t have a choice, so keep that in mind and don’t be too hard on them. Signs banning guns are not a friendly suggestion, they actually carry the weight of the law in Texas. But, the sign must be displayed in a particular way in order to be correct. The sign [I]must:[/I] [LIST=1] [*]Say the following exactly, in both English and Spanish: [/LIST] “Pursuant to [I]Section 30.06, Penal Code[/I] (trespass by a license holder with a concealed handgun), a person licensed under [I]Subchapter H, Chapter 411, Government Code[/I] (handgun licensing law), may not enter this property with a concealed handgun.” [LIST=1] [*]Be posted on the property and be displayed in a conspicuous manner clearly visible to the public. 30.07 signs must be posted at each entrance, but this is not a requirement of 30.06 signs at this time. [*]Appear in contrasting colors with block letters at least one inch in height. [/LIST] This means taping a napkin up in the window with “NO GUNS” scrawled across it in Sharpie doesn’t cut it in court. [IMG]https://amedia.concealedcarry.com/wp-content/uploads/sites/56/2018/09/26134236/Texas-no-handgun-sign-30.061-300x250.png[/IMG] Penal Code Section 30.06 Sign This is the law written for businesses who do not allow weapons on their property. The offense is called [I]“Trespass by License Holder with a Concealed Handgun.” [URL]https://texas.concealedcarry.com/2019/01/18/30-06-and-30-07-signs-where-cant-you-carry-in-texas/[/URL] [/I] [/QUOTE]
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