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carrying under what authority?
Posted: Wed Aug 31, 2022 10:01 pm
by TxAggieEngineer
This is theoretical and technical...
If I have a LTC and an establishment has a 30.06 sign but not a 30.05 sign, could I carry there legally under the authority provided by the constitutional carry statue? Or, because I have a LTC does that mean I'm automatically carrying under that authority no matter what?
It might be similar to a peace officer that has a LTC. If he open carries past a 30.07 sign, does that mean he can choose to carry under the authority granted to him as a peace officer and would therefore not be subject to the 30.07 sign? Or, does the fact he has a LTC mean he's always subject to the 30.07 sign?
Re: carrying under what authority?
Posted: Thu Sep 01, 2022 9:29 pm
by srothstein
My opinion is that you do not choose which authority you are carrying under in cases like this. You need to remember that you are carrying under the authority of your license ONLY when it provides an exception to the law making your carrying otherwise illegal. So, in most cases, you are not carrying under the LTC because it is now legal to carry.
In your specific case, you are carrying legally. Generally, it is legal to carry in a business that does not post a 30.05 sign. The 30.06 sign ONLY applies when you are using the authority of your LTC. So, you can ignore it if there is no 30.05.
Obviously, I am not a lawyer and the local police and DA may disagree with me. Advice you get on the internet is worth exactly how much you pay for it, if that.
Re: carrying under what authority?
Posted: Thu Sep 01, 2022 10:51 pm
by Mike s
srothstein wrote: ↑Thu Sep 01, 2022 9:29 pm
My opinion is that you do not choose which authority you are carrying under in cases like this. You need to remember that you are carrying under the authority of your license ONLY when it provides an exception to the law making your carrying otherwise illegal. So, in most cases, you are not carrying under the LTC because it is now legal to carry.
In your specific case, you are carrying legally. Generally, it is legal to carry in a business that does not post a 30.05 sign. The 30.06 sign ONLY applies when you are using the authority of your LTC. So, you can ignore it if there is no 30.05.
Obviously, I am not a lawyer and the local police and DA may disagree with me. Advice you get on the internet is worth exactly how much you pay for it, if that.
Well stated.
Re: carrying under what authority?
Posted: Fri Sep 02, 2022 8:39 am
by Bitter Clinger
srothstein wrote: ↑Thu Sep 01, 2022 9:29 pm
My opinion is that you do not choose which authority you are carrying under in cases like this. You need to remember that you are carrying under the authority of your license ONLY when it provides an exception to the law making your carrying otherwise illegal. So, in most cases, you are not carrying under the LTC because it is now legal to carry.
In your specific case, you are carrying legally. Generally, it is legal to carry in a business that does not post a 30.05 sign. The 30.06 sign ONLY applies when you are using the authority of your LTC. So, you can ignore it if there is no 30.05.
Obviously, I am not a lawyer and the local police and DA may disagree with me. Advice you get on the internet is worth exactly how much you pay for it, if that.
Definitely time long past for all these idiotic signs to go!
Re: carrying under what authority?
Posted: Fri Sep 02, 2022 5:53 pm
by rotor
Some have said that when your LTC is in your wallet you are carrying under LTC regs. On the other hand, how would anyone know what's in your wallet? Technically this is a gray area. To be absolutely safe, leave the LTC in your car. Someone I am sure someday will be the test case.
Re: carrying under what authority?
Posted: Sat Sep 03, 2022 2:37 pm
by ldaniel
According to U.S. Law Shield Attorneys, If you are carrying a handgun and you have your LTC permit with you, you are carrying under the authority of the LTC laws. If you leave the permit in your car or house or wherever but not on your person, you will be carrying under the constitutional carry law.
Re: carrying under what authority?
Posted: Sat Sep 03, 2022 4:03 pm
by KBCraig
ldaniel wrote: ↑Sat Sep 03, 2022 2:37 pm
According to U.S. Law Shield Attorneys, If you are carrying a handgun and you have your LTC permit with you, you are carrying under the authority of the LTC laws. If you leave the permit in your car or house or wherever but not on your person, you will be carrying under the constitutional carry law.
Another reason to treat those guys with suspicion.