Posted on 01/12/2016 11:13:52 AM PST by Jed Eckert
Law requires stores to verify carry license or turn them away.
More laws, more problems.
That's always the way it is. The more rules you have, the more trouble it is for everyone. And in this case, stores like Wal-Mart are reportedly bearing the brunt.
Texas recently began allowing open carry of handguns by folks who are licensed for concealed carry, and naturally, some folks are doing just that. But that creates a problem for retailers who sell alcoholic beverages such as beer and wine.
Apparently, Texas has a law that dictates that any business selling alcolohic beverages cannot "knowingly allow" someone without a license to carry a gun into their store. So when someone openly carries a gun into a Texas store, that store is legally bound to harass that person by asking to see his or her license and forced to turn away anyone who cannot (or will not) provide proof that their gun is being legally carried.
"[Wal-Mart] told its managers to check gun licenses of people carrying firearms into stores.
State liquor laws prohibit unlicensed handguns in establishments that sell products with alcohol.
Thus, a store that knowingly allows unlicensed guns around alcohol could lose its liquor license."
Not exactly what most Wal-Mart greeters expected when they took the job. And not exactly a comfortable position for them, either.
Yet another reason not to carry openly. There was the time when a guy was attacked in Wal-Mart's toy department while carrying openly. Then there was the fellow who was assaulted in a Wal-Mart bathroom and had his gun stolen because it wasn't concealed. And of course, the Oregon guy openly carrying on the streets of Oregon who was boldly robbed of his nice new gun.
In my opinion, there is no advantage to open carry in public areas, but there are numerous disadvantages. What do you think?
Personally, I disagree with the author's conclusions.
In the third case the victim was loitering around at 2 in the morning when he's approached by a black male who asks for a cigarette. Classic set up for a robbery. The victim was too stupid to realize what was happening.
The other incidents seem questionable as well. Maybe some open carriers in other open carry states can chime in if this has really been an issue.
As a CCP holder, I agree with the open carry law. However, open carry at your own risk. I like having the option, and in certain cases I might carry open but I will not lead with my chin! I say leave em guessing.
Texas passed a half assed law. Love Texas and they some things astoundingly well. But the control freaks in Austin are firmly in the grip of the DPS.
They made poor open carry law.
You shouldn’t need a permit for open carry.
Walmart sells alcohol, they don’t serve it.
Wal-Mart greeters and open carrier clashing is just another unanticipated, unintended consequence of a bill voted and signed into law without vetting it completely. Very typical of laws written as a reaction to some event.
This one I agree with, but in the stampede to do something - anything is what gives us laws like this.
Your kiddies wanted to be P/C and Amazon kicked their asses.
Situational awareness trumps all! I let nobody close to me and my head is on a swivel in bathrooms, parking lots, retail/restaurant lines, basically every where. Somebody wants mine they will get it business end first. Action beats reaction every time.
You can get robbed in a Wal-Mart bathroom while carrying a piece. While I have not and probably will not exercise open carry (I carry concealed everywhere) I support those that want to do so.
The “greeter solution” opens the store up to legal problems. Correct solution is to by policy ignore those carrying, because then they do not “knowingly” allow the unlicensed precisely because they don’t know who is/isn’t licensed. Greeters aren’t trained in how to discern the licensed, putting them in a position of practical obligation to approve any piece of paper nicely stating “license to carry” with a photo, especially if it’s marked as being from another state (the GA license is literally a photocopied & laminated paper with thumbprint & signature; a VT driver’s license alone should suffice). Checking licenses could open up legal problems if they turn away someone who does in fact have a legal carry permit.
At least it sets up precedent for undue social complications/confusion which should lead to Constitutional Carry.
When I was growing up in McMinnville Oregon no one would have been concerned seeing someone carrying a rifle or pistol. At the golf course where I worked I walked around the course shooting gophers with a shotgun. There were players on the course, houses built at the edge of some fairways,. Also the course was located inside the city limits.
Fifty years later in the degenerate culture we now suffer, I would not open carry, but the option should always be there with no license needed.
They had a group of variously-trained people respond to a gunman. One person was open carry. Guess who the office gunman went to first? The guy with the open gun.
The people who were able to finish off the gunman were those who emptied their gun without the gunman knowing they had a gun.
I believe in people being able to conceal and carry, but I don't want the bad guy knowing I have a gun.
Haven't seen anybody "open carry" either for that matter.
“State liquor laws prohibit unlicensed handguns in establishments that sell products with alcohol.”
Not totally true, the business must derive at least 51% of there revenue from alcohol sales to legally prohibit, licensed firearm permit holders, from their premises.
Wallyworld quit carrying “assault weapons” because of feel good laws. They should stop carrying alcohol also since over 10,000 people were killed by drunk drivers last year.
This article is written by an idiot. If someone is open carrying in the store, Wal-Mart is safe to assume they have a license, as only someone who is licensed can legally do so. To their knowledge, anyone open carrying does have a license.
Also, see my comments about ‘unlicensed possession’ in the post above.
Yea, I agree. He's definitely biased against open carry.
Texas law needs some serious “normalization”, between state law and the Texas Alcoholic Beverages Commission regulations.
https://www.tabc.state.tx.us/index.asp
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