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Signs

Handgun carry at Carrabas: Does their sign comply with the law?

Bear in mind that while it may not be a criminal offense, if they ask you to leave and you do not, you are trespassing.

10 Responses to “Signs”

  1. Spook45 Says:

    Heh, well I can solve this right quik; THey dont serve anything I cant live without. If they even HAVE a sign its enough for me to sppend my money SOME WHERE ELSE! NOT ONE THIN DIME to someone who posts a sign to mitigate my rights! I go to Chillis and Ruby Tuesdays who BOTH stated that CCW people were wellcome in thier places of business when the laws effectively changed. I support the Businesses that support my rights and freedoms as an AMERICAN!

  2. chris Says:

    This is brilliant.

    In a time when many, many businesses (particularly restaurants) are struggling to remain operational (as opposed to in bankruptcy), a national chain intentionally alienates a large group of potential customers.

  3. nk Says:

    If a property owner asks you to get off his property and you do not, it is assault. If you are armed, it is aggravated assault. You can be arrested for more than trespassing. In some states (Texas for one?), the property owner can shoot you.

  4. wizardpc Says:

    NK, I think you mean “criminal tresspass” not “assault”

  5. CMathews Says:

    “PURSUANT TO SECTION 30.06, PENAL CODE (TRESPASS BY HOLDER OF A 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.”

    “CONFORME A LA SECCIN 30.06 DEL CDIGO PENAL (TRASPASAR PORTANDO ARMAS DE FUEGO) PERSONAS CON LICENCIA BAJO DEL SUB-CAPITULO H, CAPITULO 411, CODIGO DE GOBIERNO (LEY DE PORTAR ARMAS), NO DEBEN ENTRAR A ESTA PROPIEDAD PORTANDO UN ARMA DE FUEGO.”

    That is the ONLY sign that matters to you as a patron of a restaurant. At least in Texas. If there is any other sign, then you are gtg. Now, if there is any sign but that prohibiting CCW, then the employees cannot legally enter the premises with a CCW. Or, if the owner or manager of the property tells people they are not allowed in with a gun verbally then you are a no go. Now, contrary to NK said, a property owner can not just shoot you for refusing to leave. If they did, and you lived, there would be a long court battle in which the owner would have to show that you were indeed a threat to his life and others around you. If a CHL holder simply refuses to leave in Texas after asked, an owner may place them under citizen’s arrest or notify the authorities, that is about it.However, if that patron with a CHL were too present his firearm and threaten the owner or other patrons, then yes they need to be shot. When I was a mechanic here in Texas I used to find handguns in people’s cars all the time. My shop welcomed CHL holders. We had a few customers that would bring their new guns up to show us. It all depends on the crew that works at a place, and if they are gay hippies or not 🙂

    If you would like to read more into the subject, I suggest you visit this site: http://www.txdps.state.tx.us/administration/crime_records/chl/chlsindex.htm
    That is where the copy of the 30.06 sign I posted came from.

    And Spook45, I whole heartedly agree with you. I make a point to avoid those places whether I am carrying or not.

  6. nk Says:

    No, I meant assault.

  7. CMathews Says:

    Also, there is the 51% law. If a place of business derives 51% or more of it’s profits from the sell AND consumption of alcohol then they can post a red 51% sign on their door and as a CHL holder you cannot enter their. Howver, even if it is a bar that clearly should have a sign and they don’t you are gtg. I forgot about this one in my initial post.

  8. JKB Says:

    I knew I’d seen this in the new TN restaurant carry bill. 3(C)i give the circle with the gun crossed out similar effect as a properly worded sign. Or am I reading it wrong?

    (3)(A) If a sign is used as the method of posting, it shall contain
    language substantially similar to the following:
    AS AUTHORIZED BY TCA 39-17-1359, POSSESSION
    OF A WEAPON ON POSTED PROPERTY OR IN A
    POSTED BUILDING IS PROHIBITED AND IS A
    CRIMINAL OFFENSE.
    (B) As used in this section, “language substantially similar
    to” means the sign contains language plainly stating that:
    (i) The property is posted under authority of
    Tennessee law;
    (ii) Weapons or firearms are prohibited on the
    property, in the building, or on the portion of the property or
    building that is posted; and
    (iii) Possessing a weapon in an area that has been
    posted is a criminal offense.
    (C) A building, property or a portion of a building or
    property, shall be considered properly posted in accordance with
    this section if one (1) or both of the following is displayed in
    prominent locations, including all entrances primarily used by
    persons entering the property, building, or portion of the property
    or building where weapon possession is prohibited:
    (i) The international circle and slash symbolizing
    the prohibition of the item within the circle; or
    (ii) The posting sign described in this subdivision
    (3).

  9. Phelps Says:

    My favorite sign moment, BTW, was seeing the big red 51% sign at a wine bar… in the secure area of the San Antonio Airport.

  10. Rich Hailey Says:

    JKB, you are correct. The slashed circle is equivalent to the proper sign. If Carrabas was serious about trying to keep us out, that’s all they need. Instead, they are trying to play it both ways.