Posted on 12/09/2020 6:10:06 AM PST by marktwain
Image courtesy Dean Weingarten
U.S.A. –-(AmmoLand.com)- Everytownlaw, the Bloomberg financed anti-right to arms group, is involved in a convoluted lawsuit filed in Houston, Texas.
Texas statutes prescribe signs be posted on businesses if the presence of a person who is armed, in the business, is presumed to be trespassing. This is not unusual. The regulation of signs to give effective notice, especially in licensed businesses, is common. Posting of business licenses, for example, is often required.
The lawsuit contends this is a First Amendment issue. Their logic is, the owners might post a different sign which would serve the same purpose; but if they post a different sign to the same purpose, it would not meet the legal requirements of notice, therefore, it violates their First Amendment Rights.
Meeting a legal requirement is not a First Amendment guarantee. Here is the relevant statute. From Texas statutes at capitol.texas.gov:
(c) In this section:
(1) “Entry” has the meaning assigned by Section 30.05(b).
(2) “License holder” has the meaning assigned by Section 46.035(f).
(3) “Written communication” means:
(A) a card or other document on which is written language identical to the following: “Pursuant to Section 30.06, Penal Code (trespass by license holder with a concealed handgun), a person licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter this property with a concealed handgun”; or
(B) a sign posted on the property that:
(i) includes the language described by Paragraph (A) in both English and Spanish;
(ii) appears in contrasting colors with block letters at least one inch in height; and
(iii) is displayed in a conspicuous manner clearly visible to the public.
(d) An offense under this section is a Class C misdemeanor punishable by a fine not to exceed $200,
(Excerpt) Read more at ammoland.com ...
It’s a stupid lawsuit.
They are free to post other signs and free to cause the removal of people with concealed firearms (or openly carried weapons), regardless of what sign they post.
The carrier simply did not commit a crime if they don’t post a sign that triggers criminal liability.
Interesting idea. Is it my right to free speech, freedom of expression to have a clean front door? Or one entirely taken up by my company logo? Do I have the right to that expression without the government requiring that I cover it up or obscure part of it with the mandated signage? What if they required I cover or obscure my entire “expression?” How much mandated covering is too much? Where do decency laws fall on this? Such as certain magazines being covered or not displayed? I don’t have any answers, just lots of questions. Though I hate to see any Constitutionally protected rights infringed or reduced in any way... Sets a bad precedent.
The sign on my front door says
No unapproved weapons are allowed on this property.
Please return to your vehicle and secure your weapons before engaging this homeowner.
Law Enforcement is included.
Please call NNN-NNN-NNNN for approval.
Dumb sign since only law abiding will follow it and the cops never need to due to overriding State law.
It helps when I answer the door holding my 1911.
You are saying that those with concealed carry or where open carry is permitted should simply be allowed anywhere within the state where those laws apply?
I would agree with that. Simple and maximizes Constitutional rights.
Maybe when they created these laws, and the liberal retard news like CNN were talking about how shootouts will ensue when you allow concealed carry, this was a way for those that had concerns or fear (Starbucks and other gay establishments) a way out?
So you create a state wide law but you allow the local beatnik college coffee shop the ability to post this sign so that they feel safe, since they after all have safe zones and a terminal with a direct line to the police, so no one needs a gun.
They can have a "clean" front door if they wish. They may put up any signage they wish.
They simple cannot claim they served proper written notice with a sign, unless it meets the statutory requirements.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.