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fredvegas

Starting to Get Obsessed
Jun 2, 2010
192
0
Store is a public establishment, HUGE difference.
No, a store is a private establishment. If you don't want to get patted down, you don't get to go into their store. They own it, they can make their own rules. Like Kamikazesasquatch said, you're not forced to go in there.

 

portascat

Lifer
Jan 24, 2011
1,057
3
Happy Hunting Grounds
No, a store is a private establishment.
and I agree. The only trouble they could get in, that would stick (so far as my 5 cent legal education goes), is if they violated an ordinance or law by their actions in pursuit of the pat search.
For example, if they groped you or exposed you, or injured you somehow.
I hope, for their sake, they are videotaping the entire process. Sounds like a good way to get sued.

 

baronsamedi

Lifer
May 4, 2011
5,688
5
Dallas
It would never work in Texas. Everybody and their sister has a CHL! I could just see it.
Clerk: I have to pat you down to let you in.

Me: Does that mean I can't carry my concealed handgun in here?

Clerk: Yes

Me: Do you have an X-Ray machine?

Clerk: No.

Me: Here honey hold this (Takes 1911/holster out of pants and puts it in wife's purse). OK Search me.
Actually, now in Texas private businesses who refuse to allow lawful carry have to display a specific sign in plain view or there isn't squat they can do about you carrying.

 

kamikazesasquatch

Can't Leave
Sep 30, 2011
354
0
@baronsamedi

I think that's a letter vs spirit of the law kinda thing. When I took my CHL course they said that even if the sign isn't the correct dimensions and verbiage to exactly comply with the 'thirty-ought-six' law, as long as it was posted clearly and made the intentions clear, that you'd still probably get in trouble if you got caught. But part of keeping it concealed is that nobody knows you have it :) It's also illegal on gov property or in establishments that do 51% or more of their business in alcohol sales.

 

portascat

Lifer
Jan 24, 2011
1,057
3
Happy Hunting Grounds
We are probably getting quite legalistic, but if I was said owner and had similar motivations....
1. Sign saying consent to pat search.
2. If weapon other than firearm was found, I would reserve the right to refuse service if I so desired. I might allow, for example, a folding knife of a certain length, but not a sheath knife of the same length (even if both were legal, per State law and/or city ordinance). Things like brass knuckles, stun guns, and the like I would refuse service to.
3. If the customer declared a firearm, I would do as local law enforcement does, and ask for its location and a presentation of the CHL. Remember that "concealed" and "hidden" are two different things. If the customer did not have a CHL, I would refuse service. If I asked for declaration of a firearm, and the customer did not declare, and I found one, he would be booted regardless of CHL status.
4. I would post no signs stating no right of entry for firearms (30.06 of Penal Code in Texas), but I would make it clear in English and Spanish (a State requirement) that certain rules applied for right of entry into my establishment, and that I retained to right to refuse service at any time.
And I would quickly go out of business.

 

portascat

Lifer
Jan 24, 2011
1,057
3
Happy Hunting Grounds
Yup. Sorry, should have specified.
I have had my CHL for quite some time now, and I am a chronic carrier. Yet, for several years I erroneously believed, and stated to others, that you could not Concealed Carry in a bank. I was wrong, of course, but I am not quite sure where I picked that bad piece of info up.
So...I like to specify whenever possible, even if those "in the know" assume the correct. You know, I know, but maybe someone else reads it "wrong" (as I must have at some point).

 

philip

Lifer
Oct 13, 2011
1,705
6
Puget Sound
Amendment 4 - Search and Seizure. Ratified 12/15/1791.
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

I don't read anything here about "trained professionals" or "safety".
Our country was made great because men were willing to sacrifice their lives to protect their God-given rights, not because men were willing to sacrifice their rights for "security".

 

kamikazesasquatch

Can't Leave
Sep 30, 2011
354
0
I don't think this falls under "unreasonable". You want to come into my house then you'll play by my rules or you'll stay out of my house. As long as people know up front before they're searched and are given the option to either be searched or leave the private establishment then that is reasonable.

 

philip

Lifer
Oct 13, 2011
1,705
6
Puget Sound
You want to come into my house then you'll play by my rules or you'll stay out of my house.

Yup, you're right.
I guess I would rather choose to do my business elsewhere than to let a local business pat me down.

 

kamikazesasquatch

Can't Leave
Sep 30, 2011
354
0
I guess I would rather choose to do my business elsewhere than to let a local business pat me down.
As would I, sir. Which I think is what most people's response will be. I'd rather pay a few $s more and not be molested/treated like I'm guilty before proven innocent.

 

aussielass

Part of the Furniture Now
Oct 18, 2011
513
1
Holy snappin' duckshit ... only in America, sigh!
WTF is this world coming to and where's it stemming from, we all ask ...threads like this answer the question perfectly.

 

weezell

Lifer
Oct 12, 2011
13,653
49,165
nsfisher:
Is that a shotgun in your pocket or are you just happy to see me?

In my case it is a shotgun!Bond arms Century 2000 2 shot derringer with a 410 shotgun shell in each barrel with buck shot! :wink:

 

vegasblue

Might Stick Around
Jan 23, 2012
58
0
the only thing i saw was a sign on the door that said please remove hats, glasses, and heavy coats to aid in identification.

 

jaysin

Lifer
Feb 8, 2012
1,083
1
Indiana
Actually is illlegal. you buy a ticket for a concert you know your gonna be wanded with a hand held metal finding thingy. you have a lawsuit if you wanted to go after them. come to think of it where is this shop at i wouldnt mind owning a tobacco shop.

 

jaysin

Lifer
Feb 8, 2012
1,083
1
Indiana
sorry to post so many times but i just had this thought. what training do they have? hell at concert halls the staff has to go through training and such as to know what is proper and unproper touch. unless they work for the tsa then they have every right or atleast they think they do to molst you.

 
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