A couple of points:
Right now, in Texas, there are a number of places in which you cannot legally carry a concealed weapon, whether the property owner wishes to allow you to or not. Here is the entire list, from Title 10 Chpt. 46 § 46.03, comments in brackets are mine:
* A place of business that derives 51% or more of its income from the sale or service of alcoholic beverages for on premises consumption [a bar, or many restaurants with bars - bar and grilles, for example]
* On premises of a correctional facility [prisons, jails - and yes, this includes walking across the lawn of the county jail while going between the public parking lot and the range next door to the jail.]
* On the physical premises of a school, an educational institution, or a passenger transportation vehicle of a school or an educational institution, whether the school or educational institution is public or private, [Even if the private school gave teachers permission to carry concealed, they can’t under this section. Some private schools would really like this to go away.]
* On the premises where a high school, collegiate or professional sporting event of interscholastic event is taking place, unless the license holder is a participant in the event and a handgun is used in the event
* On the premises of a polling place on the day of an election or while early voting is in progress.
* racetrack; secured area of an airport
* In any government court or offices utilized by the court, unless pursuant to written regulations or written authorization of the court.
* *on the premises of a church, synagogue, or other established place of religious worship. [Whether the church wants you to carry or not - however, not effective unless the church posts the BIG 30.06-compliant signs at every entrance]
* *On the premises of a Hospital licensed under the Health and Safety Code [see churches, above]
* *On the premises of a nursing home licensed under the Health and Safety Code [see churches, above]
* *Amusement parks. Amusement Parks means a permanent indoor or outdoor facility or park where amusement rides are available for use by the public that is located in a county with a population of more than one million, encompasses at least 75 acres in surface area, is enclosed with access only through controlled entries, is open for operation more than 120 days in each calendar year, and has security guards on the premises at all times. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area.
* Public or private premises conspicuously posted with this sign [ http://www.txdps.state.tx.us/administration/crime_records/chl/chlssign.htm ] do [apply and are illegal for people to carry in]
* Items above marked * Do not apply if the actor was not given effective notice under Section 30.06.
Some of these places make sense. Some of them don’t.
Second, with regards to private property rights, I support the idea of a property *owner* (not a lessee) being allowed to do as he or she wishes with the property, including the banning of concealed carry firearms. That said, I believe that Texas now needs to codify into law the following idea:
If a private property owner or any of his or her assigned agents or lessees shall prohibit the otherwise lawful concealed carry of firearms on his or her property, said property owner is then totally and wholly responsible for seeing to the safety of those who enter their property in the course of commerce. In the event that these people should come to harm through the owner’s failure to provide adequate security to each individual person on their property, said property owner is then liable for any and all damages arising from the incident up to and including liability for death, dismemberment, and disability that occurs on the property, even if committed by a third party illegally entering the property. Conversely, a property owner allowing legal concealed carry on his property cannot be held liable for damages and injuries that occur as a result of someone exercising his or her legal right to self defense on that property.
Translation: You want me to leave my guns behind to go shopping on your land? OK, but *you* are responsible for my safety now, and if something happens, I’m going to end up OWNING you, your property, and all of your money. If you do allow concealed carry and something goes “wrong,” you can’t be sued.
If Texas implements that, I guarantee that those 30.06 signs will start disappearing. The liability factors alone will force it.
"Show me just what Mohammed brought that was new, and there you will find things only evil and inhuman, such as his command to spread by the sword the faith he preached." - Manuel II Palelologus
Second, with regards to private property rights, I support the idea of a property *owner* (not a lessee) being allowed to do as he or she wishes with the property, including the banning of concealed carry firearms. That said, I believe that Texas now needs to codify into law the following idea:
If a private property owner or any of his or her assigned agents or lessees shall prohibit the otherwise lawful concealed carry of firearms on his or her property, said property owner is then totally and wholly responsible for seeing to the safety of those who enter their property in the course of commerce. In the event that these people should come to harm through the owner’s failure to provide adequate security to each individual person on their property, said property owner is then liable for any and all damages arising from the incident up to and including liability for death, dismemberment, and disability that occurs on the property, even if committed by a third party illegally entering the property. Conversely, a property owner allowing legal concealed carry on his property cannot be held liable for damages and injuries that occur as a result of someone exercising his or her legal right to self defense on that property.
Translation: You want me to leave my guns behind to go shopping on your land? OK, but *you* are responsible for my safety now, and if something happens, I’m going to end up OWNING you, your property, and all of your money. If you do allow concealed carry and something goes “wrong,” you can’t be sued.
If Texas implements that, I guarantee that those 30.06 signs will start disappearing. The liability factors alone will force it."
EXTREMELY WELL SAID!!!
We have a definition problem here.
1. Private property owner = A person’s property THAT IS NOT OPEN TO PUBLIC ACCESS ACCEPT AT THE PROPERTY OWNER’S EXPRESS PERMISSION. This is like his home or his private lake or ranch.
2. Private Property/Public Acccess Owner = A person who owns a business, but their business is open to the public, i.e. a restaraunt, an auto parts store, etc....
IMO, in case #2, if a person keeps his weapon concealed, the property owner has no say in whether he allows guns or not. Gun ownership is a constitutional right and if that is extended (logically, IMO) to being able to carry it for self defense then a guy who invites the public into his business has no right to selectively deny a person his constitutional right.If he could, then he could have “Whites Only” signs legally.
Absolutely. This is something I've supported in the past.
I was under the mistaken opinion that CCW was allowed in church/places of worship in Texas. Thanks for this clarification. We have many of the same ridiculous restrictions here in Nebraska (including a prohibition of CCW in churches) with our new CCW law that went into effect Jan. 1, 2007.