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51%

Discussion in 'Lone Star Glockers' started by evr, Mar 2, 2007.


  1. evr

    evr
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    If I receive written permission from a business owner to carry on his property, does that trump his 51% signage? For the record, the establishment is an Ice house, no harder than beer or malt beverages served. No set ups allowed. Thank you!
     

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  2. cwood

    cwood
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    The law does not involve owner permission regarding 51% establishments.

    To review, remember that the 51% sign is advisory only. It does not carry the force of law like the 30.06 sign does.

    By that I mean, if a non-51% location posts a 51% sign and you carry into the location, you HAVE NOT violated the law. On the other hand, if an actual 51% location fails to post the sign and your carry into the location you HAVE violated the law.

    On the other hand, if you do not otherwise have permission of the owner/operator of a private facility and you carry past a properly posted 30.06 sign you HAVE violated the law regardless of the nature of the private business.

    With 51%, it is the specic nature of the business which creates the offense when you carry regardless of permission status from the owner. Conversly, 30.06 is ALL about permission from the owner, regardless of the business, except for those places specifically prohibited by law...like bars, sporting events, etc.

    I hope this helps, but IANAL.
     

  3. evr

    evr
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    So in retrospect, if I wanted to stay safe and above board I would either ask my friend post a 30.06 and give me written permission to carry, avoid attending functions at his establishment, or go naked. Thank you for the reply cwood.
     
  4. waltherone

    waltherone
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    Still no on this one too. If he posts 30.06 and then gives you permission, it hasn't changed that the place is a 51% place. Gonna have to be a streaker if you wanna go to his place :p
     
  5. cwood

    cwood
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    Your friend does not have the authority to 'grant you permission'. The place is off limits to firearms.

    There might be an exception if you are an employee of the place and are acting as his agent, but then HE would be assuming a huge liability risk. We need a lawyer to decide this portion of the topic. But in all other cases as a civilian, you are in violation at this place no matter what.
     
  6. BlueMerle

    BlueMerle
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    In a nut shell, as I understand it.

    30.06 - Is posted as a choice of the owner who can grant permission to those he chooses to.

    51% - Is by law off limits for CHL and no amount of owner permission will suffice.

    That is how I understand it but IANAL!!
     
  7. cwood

    cwood
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    IANAL too, but I am a CHL instructor and am on my 3rd term as a CHL
    holder.

    PS: Not meaning to shout, just trying to clarify my comments from BlueMerle's