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Can You Open Carry in Starbucks in Texas

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limitgov Posted: Wed, Feb 15 2012 9:49 PM

http://articles.latimes.com/2011/sep/17/local/la-me-guns-20110917

 

Texas prohibits open carry "on government property"?

But starbucks allows open carry in their cafes.  Can you open carry in starbucks in Texas?

It is private property.

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Malachi replied on Wed, Feb 15 2012 10:59 PM
Looks like you answered your own question. Be prepared to be assaulted by agents of the state anyway, however.
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limitgov replied on Thu, Feb 16 2012 8:18 AM

"Looks like you answered your own question."

what was the answer I gave?  yes or no?

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Malachi replied on Thu, Feb 16 2012 8:35 AM
According to the information you supplied, yes, its legal.
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According to OpenCarry.org, it depends on whether you have a concealed carry license.

An open carry bill was introduced last year, and passed the committee, but Congress has been out of session and there haven't been any updates since May.

 

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limitgov replied on Fri, Feb 17 2012 7:53 AM

So, if you have the concealed license, then you can open carry in Starbucks in Texas?  But if you don't have a CONCELAED license, then you cannot open carry in starbucks in Texas?

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limitgov:
So, if you have the concealed license, then you can open carry in Starbucks in Texas?  But if you don't have a CONCELAED license, then you cannot open carry in starbucks in Texas?

Don't quote me on this, but it actually sounds like the opposite.  And I don't think any civilian can open carry in a Starbucks in Texas.

 

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Al Lowe replied on Sat, Feb 18 2012 4:46 PM

Texas is NOT an Open Carry state.  Open carry is prohibited in most, if not all public places.  I don't know if it's been changed yet, but there was a some effort to "de-criminalize" the accidental reveal of a legally concealed handgun.

The following is the summary of Texas state gun laws provided by Open Carry dot org.

"Texas is not a traditional open carry state. They also do not allow open carry, or even printing, by those who have a concealed carry permit."

Since Starbucks follows state law, that would mean that open carry in Starbucks would not be allowed.  Concealed carry would.

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...That's exactly what I linked to four posts ago.

 

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Al Lowe replied on Sun, Feb 19 2012 9:06 AM

Ahh, sorry.  Missed that.  It's what I get for posting when I'm between 12 hours shifts. :)

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limitgov replied on Tue, Feb 21 2012 8:03 AM

"Open carry is prohibited in most, if not all public places."

Public place = government owned property, right?

Private property = all property not owned or non-profit property?

Isn't Starbucks private property?  If so, can't they allow open carry on their private property?  Just like homeowners can open carry in Texas on their private property?

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Al Lowe replied on Tue, Feb 21 2012 11:22 AM

Starbucks, like a lot of businesses, is what is known as a "public accomodation."  But, even if they were not, they have stated they follow the laws of the state they are located in.  Texas does not allow Open Carry.  To OC in a Starbucks legally, you'd have to go in, with your weapon concealed and then, uncover it.  What's more, you'd need permission from the store owner or his agent to do so.  My guess is, they won't give that permission.  But you can always ask.

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limitgov replied on Tue, Feb 21 2012 11:33 AM

"they have stated they follow the laws of the state they are located in."

 

Well, doesn't the law in texas state you can open carry on your private property?

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Al Lowe replied on Tue, Feb 21 2012 11:53 AM

On Your private property, yes.  On someone else's, I think you need permission.  But I'm no expert on Texas laws.  You might go to Open Carry dot org's forum and ask there.  

http://forum.opencarry.org/forums/forumdisplay.php?127-Texas

 

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doubloon replied on Tue, Apr 17 2012 8:41 AM

What Al says is the closest you'll get to a real answe without asking a Texas LEO or a lawyer.

 

@limitgov, I find myself hoping you do not own a gun or live in Texas.

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bloomj31 replied on Tue, Apr 17 2012 9:07 AM

I believe this may be your answer.  As John James already pointed out Texas is not an open carry state.

PC §46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE 

HOLDER. (a) A license holder commits an offense if the license holder 
carries a handgun on or about the license holder's person under the 
authority of Subchapter H, Chapter 411, Government Code, and 
intentionally fails to conceal the handgun.
 
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limitgov replied on Wed, Apr 18 2012 7:59 AM

"@limitgov, I find myself hoping you do not own a gun or live in Texas."

I do own a gun and live in Texas.  I know, its terrible that someone would want to open carry, and in Texas for goodness sake.  Thr horror of it all.  Our Texas ancestors would be horrified!

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limitgov replied on Wed, Apr 18 2012 7:59 AM

"A license holder commits an offense"

I'm not a license holder.  I'm just a peasant.

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Al Lowe replied on Wed, Apr 18 2012 8:29 AM

As I understand it, in Texas you can't carry a firearm on your person, unless you have a Texas CHL, or a license/permit from one of the states that Texas recognizes.  Without that, I am informed you can have a pistol in the glove box of your vehicle.  Although, I've read there is some debate on the conditions that allow this.  

Personally, I don't think we should have to carry a license to carry a firearm.  In my opinion, the 2nd Amendment to the US Constitution is all the "permission" we should really need.  If I have the right to defend my life, I should not need any state sanctioned permission to carry the tools necessary for me to carry out that right.

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