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#978010 - 06/19/08 02:46 PM Licensed Concealed Weapons
hbanksecurity Offline
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Joined: Jan 2007
Posts: 14
We had a person come into our office and question our policy for carrying licensed concealed weapons into a bank. He said his last bank posted a sign that no longer permitted him to do so. Is this an internal policy decision for each bank? Is there any type of federal statues against bringing weapons into a bank?

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Security - PUBLIC
#978017 - 06/19/08 02:51 PM Re: Licensed Concealed Weapons hbanksecurity
RBanker Offline
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Austin Texas
Even with a Concealed Handgun Permit, there are, under state law, some institutions that can still ban them - like schools, banks, etc - it may depend on your state law regarding the CHP (Concealed Handgun Permit) - your local PD may be a resource for you.

Our banks have always posted signs banning any weapon being carried in to the bank - we, of course, make exceptions for armored couriers and law enforcement!
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#994123 - 07/13/08 01:24 PM Re: Licensed Concealed Weapons RBanker
Dana Turner Offline

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Dana Turner
Joined: Dec 2000
Posts: 543
Pipe Creek TX - U.S.
Folks,

With the recent Supreme Court ruling, I'd expect you'll get many more inquiries. TexTrainer's correct -- state law governs here. There's still nothing that prohibits you from posting a "no guns on the premises" sign, however. You just won't have state law to back you up.
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#994124 - 07/13/08 01:49 PM Re: Licensed Concealed Weapons Dana Turner
rlcarey Online
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Galveston, TX

"You just won't have state law to back you up. "

Dana,

I guess I don't understand this statement. There is nothing in the Supreme Court ruling that would nullify a prohibition of carrying a licensed concealed handgun under certain circumstances, such as those defined by State law.

For example, in Texas:

GOVERNMENT CODE

SUBTITLE B. LAW ENFORCEMENT AND PUBLIC PROTECTION

CHAPTER 411. DEPARTMENT OF PUBLIC SAFETY OF THE STATE OF TEXAS

SUBCHAPTER A. GENERAL PROVISIONS AND ADMINISTRATION

§ 411.203. RIGHTS OF EMPLOYERS. This subchapter does not prevent or otherwise limit the right of a public or private employer to prohibit persons who are licensed under this subchapter from carrying a concealed handgun on the premises of the business.

Added by Acts 1997, 75th Leg., ch. 165, § 10.01(a), eff. Sept. 1, 1997.

This law is not going away due to the Supreme Court decision.
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#994704 - 07/14/08 06:30 PM Re: Licensed Concealed Weapons rlcarey
Dana Turner Offline

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Dana Turner
Joined: Dec 2000
Posts: 543
Pipe Creek TX - U.S.
Randy & Folks,

I agree with everything that you and I wrote -- and I should have expanded my answer . . .

The section you quoted doesn't make carrying a concealed weapon on business premises by either an employee or a customer a crime. A business may restrict such carrying by policy -- but an offender can't be arrested for violating the policy alone. An offender may only be arrested is a crime occurs. Otherwise, the business manager may only contact the offender and ask him/her to leave the premises.

So -- my point. A business may post a sign on its premises that reads, "NO FIREARMS ARE PERMITTED ON THE PREMISES" without quoting a law or ordinance and hope that the viewing public adheres to the declaration. An employee who violates the policy may be subject to disciplinary action. A customer who violates the policy may be asked to leave and not return unless he/she is unarmed. The sign reading "NO FIREARMS ARE PERMITTED ON THE PREMISES" is a business declaration only. It has no enforcement "teeth" to back it up regarding customers or other non-employees on the premises.

Did I just make this more complicated?
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#994986 - 07/14/08 09:18 PM Re: Licensed Concealed Weapons Dana Turner
rlcarey Online
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Galveston, TX
With properly displayed notices, it is clearly a crime in Texas.

Penal Code

§ 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.
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