Legality of keeping a shotgun under the counter?
Kalindras
November 16, 2003, 10:53 PM
Howdy, all...got a question for the legal beagles out here.
As I'm about to open a business, one of the aspects of it that naturally came up was security. One of my first thoughts was to supplement our alarm system with a 20 gauge under the counter. While I am aware of the many various implications that accompany this, both good and bad, my primary questions about this are as follows:
1) In Texas, is this legal? Does this fall under "Castle Law," since it's my place of business, instead of my home?
2) Is it considered to be a concealed weapon, since it's not out in the open (i.e., hanging on a wall or leaned in the corner)?
3) Would I be better off just getting a CCW permit, and packing my 1911?
Please let me know, and if you can, any websites where the pertinent laws are discussed. Thanks a bunch!
:D
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Standing Wolf
November 16, 2003, 11:47 PM
Would I be better off just getting a CCW permit, and packing my 1911?
I'd do both.
sm
November 16, 2003, 11:53 PM
Agree with CCW , and "extra measures". Do get the skinny on legal definitions.
FWIW I CCW'd, had revolvers and SGs scattered about...note plural.
glocksman
November 17, 2003, 02:08 AM
From the Texas Code:
b) Section 46.02 does not apply to a person who:
Text of subd. (1) as added by Acts 1997, 75th Leg., ch. 1221, § 4
(1) is in the actual discharge of official duties as a member of the armed forces or state military forces as defined by Section 431.001, Government Code, or as an employee of a penal institution who is performing a security function;
Text of subd. (1) as added by Acts 1997, 75th Leg., ch. 1261, § 28
(1) is in the actual discharge of official duties as a member of the armed forces or state military forces as defined by Section 431.001, Government Code, or as a guard employed by a penal institution;
(2) is on the person's own premises or premises under the person's control unless the person is an employee or agent of the owner of the premises and the person's primary responsibility is to act in the capacity of a security guard to protect persons or property, in which event the person must comply with Subdivision (5);
46.02 is the section on Unlawful Carrying of Weapons.
I'd say you'd be perfectly legal to carry concealed while you are in your business.
A CCW is a better idea though because then you can wear that 1911 while you go and make bank deposits.
O.F.Fascist
November 17, 2003, 05:35 AM
Well I dont think there are any laws in Texas against open or concealed carry of long arms.
So I dont think the shotgun would be a problem unless you are getting over 51% of your revenue from alcohol.
Carlos Cabeza
November 17, 2003, 11:23 AM
I liked your idea # 3. Since Texas is a "shall issue" state you shouldn't have any problem.:cool:
HankB
November 17, 2003, 11:55 AM
Note - I'm not an attorney, so this is NOT legal advice . . . but as I understand Texas law, there's no problem with having loaded guns in YOUR place of business, even concealed . . . except, possibly, if you're running a bar or operating one of those restaurants in the secured area of an airport.
If you have employees who are minors, or have hired a felon, druggie, or some other "prohibited person" there may be additional problems - not from having the firearm, but by arguably making it available to someone you shouldn't.
Since you're opening a business, you must have talked to an attorney somewhere along the line. Why don't you ask him (or her)?
Smoke
November 17, 2003, 01:21 PM
Note - I'm not an attorney, so this is NOT legal advice . . .
...and this ain't either.
I beleive that in accordance with TX law that if you are in YOUR business (I assume you own the building, if not check your lease...ask attorney) you may carry concealed or open (if you want/won't scare the customers). Same applies for long guns or handguns.
Your business = your business.
Smoke
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