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Thread: What's the worst that could happen if you ccw?

  1. #1
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    What's the worst that could happen if you ccw?

    I heard today that Starbucks is taking some heat for allowing people to carry in their stores. More accurately, just refusing to not allow it.

    My question is, if you can carry legally in your state but some store decides to put a rule against it, what could happen? They ask you to leave? Get you for trespassing if you refuse? No way their "rule" could trump any state or federal law right?
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    Every state has their own laws on the matter.

    For instance here in TX . . .

    § 30.06. TRESPASS BY HOLDER OF LICENSE TO CARRY CONCEALED
    HANDGUN. (a) A license holder commits an offense if the license
    holder:
    (1) carries a handgun under the authority of
    Subchapter H, Chapter 411, Government Code, on property of another
    without effective consent; and
    (2) received notice that:
    (A) entry on the property by a license holder
    with a concealed handgun was forbidden; or
    (B) remaining on the property with a concealed
    handgun was forbidden and failed to depart.
    (b) For purposes of this section, a person receives notice
    if the owner of the property or someone with apparent authority to
    act for the owner provides notice to the person by oral or written
    communication.
    (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 holder of license to carry a concealed
    handgun), a person licensed under Subchapter H, Chapter 411,
    Government Code (concealed handgun 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 A misdemeanor.
    (e) It is an exception to the application of this section
    that the property on which the license holder carries a handgun is
    owned or leased by a governmental entity and is not a premises or
    other place on which the license holder is prohibited from carrying
    the handgun under Section 46.03 or 46.035.
    "In a nut shell, if it ever goes to Civil War, I'm afraid I'll be in the middle 70%, shooting at both sides" — 26 Inf


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    Re: What's the worst that could happen if you ccw?

    M-K is right. The law varies by state. In WI, signs have force of law. In other states, they may not. Similar to having a duty to notify an LE upon a traffic stop. In WI, you don't. In MI, you do. Best to know each state when traveling through.

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    What's the worst that could happen if you ccw?

    First off, if you're carrying "concealed" they should never know. If they do happen to see you they will more than likely ask you to leave. If you don't leave, you would definitely risking a trespassing charge. If you're a squared away individual, most people will never notice anything. If you're one of those, "look at me! I'm making a statement! I'm going to videotape my coffee drinking experience to put on YouTube!" kind of guys...YMMV.

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    Here in CA, assuming it is not a gov building, they can just get you for tresspassing.

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    You should absolutely know all applicable laws before carrying a concealed weapon in your state. That's called due diligence and responsible ownership.

    If you don't know, find out. Ignorance is not bliss, it's reeeeeeeeeeally expensive.

    ETA: Moose-Knuckle, thanks for posting the trespass link.

    Edited to add yet one more time: rocsteady, that was not intended to sound like a smackdown to you. I thought about it, and it may have read a bit harsh. It was meant as advice for anyone that carries without knowing the laws in their state.

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    What's the worst that could happen if you ccw?

    Quote Originally Posted by Moose-Knuckle View Post
    Every state has their own laws on the matter.

    For instance here in TX . . .
    Keep in mind that the section describing "proper signage" is pretty detailed. Any sign they post has to comply or it's not valid.

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    Quote Originally Posted by Inkslinger View Post
    Keep in mind that the section describing "proper signage" is pretty detailed. Any sign they post has to comply or it's not valid.
    Yup,





    Then there are the TABC signs.
    "In a nut shell, if it ever goes to Civil War, I'm afraid I'll be in the middle 70%, shooting at both sides" — 26 Inf


    "We have to stop demonizing people and realize the biggest terror threat in this country is white men, most of them radicalized to the right, and we have to start doing something about them." — CNN's Don Lemon 10/30/18

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    What's the worst that could happen if you ccw?

    They seem to be giving conflicting information on their website. Maybe I'm reading it wrong, if you're licensed to carry you may do so in an establishment that's liquor sale make up less than 50% of their business. If its over 51% it would be a felony, but the sign would require large red letters. The devils in the details.

    http://www.tabc.state.tx.us/laws/sign_requirements.asp

    OP it goes without saying you should know your state laws. A Starbucks and a state run liquor store are slightly different. I would imagine they don't want you rolling into the DMV packing heat either.

    Quote Originally Posted by Moose-Knuckle View Post
    Yup,





    Then there are the TABC signs.

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    What's the worst that could happen if you ccw?

    Quote Originally Posted by rocsteady View Post
    My question is, if you can carry legally in your state but some store decides to put a rule against it, what could happen? They ask you to leave? Get you for trespassing if you refuse?
    A business can ask you to leave for pretty much any reason. It's their business. Regardless why a business might ask you to leave, you must comply or you are trespassing.

    As for CCW, as M-K notes, state law varies. Here in WA state, signs have no legal weight. Basically they are "we don't like your kind" signs. I'll note that even in the very liberal metropolitan Seattle, I've VERY RARELY seen a no firearms sign (aside from legaly required areas like bars).

    In most cases, I think Starbucks takes heat because *open* carry. If you think about it, nobody protests the 99.99% of other places that don't post. It is only a problem for them due to the activism on both sides.

    -john
    Last edited by bzdog; 08-02-13 at 22:57.

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