Home Main Category Personal Defense

Another theater shooting. This time in the Big Easy

2»

Replies

  • BufordBuford Senior Member Posts: 6,721 Senior Member
    DoctorWho wrote: »
    I have never heard of misdemeanor gun possession / illegal use of firearms, it may exist, I simply don't know of it.

    Illegally caring a concealed gun is a misdemeanor in Ca.
    Just look at the flowers Lizzie, just look at the flowers.
  • DoctorWhoDoctorWho Senior Member Posts: 9,496 Senior Member
    No wonder every vato carries a gun in California, lol.....
    "There is some evil in all of us, Doctor, even you, the Valeyard is an amalgamation of the darker sides of your nature, somewhere between your twelfth and final incarnation, and I may say, you do not improve with age. Founding member of the G&A forum since 1996
  • samzheresamzhere Banned Posts: 10,923 Senior Member
    DoctorWho wrote: »
    I have never heard of misdemeanor gun possession / illegal use of firearms, it may exist, I simply don't know of it.
    etc

    In Texas, there are several misdemeanor gun crimes.

    For example, if you conceal carry into a place which has a "no-gun" sign, possessing that gun which you otherwise can legally carry is a misdemeanor.

    But there are specifics here... Concealed carry in a tavern which meets the "51 rule" (at least 51% of revenue is from alcohol sales, therefore excluding restaurants) is a 3rd degree felony (the "lowest" level of felony). Also, the "no gun" sign must be business-owner choice, not legally forbidden via other laws, such as carrying in a courtroom, police station, airport secure zones, etc. Those are either state or federal crimes and are felonies. But if a bakery or coffee shop owner puts up a "no gun" sign, carrying it there while you've got a permit is a misdemeanor. And if you're discovered (what part of "concealed carry" did you fail to understand, duh) you can be asked to leave and if you do, no problem. If you refuse to leave, cops can charge you with the misdemeanor.

    Also, shooting a gun up in the air during a celebration, for example, is a misdemeanor, such as illegal discharge of a firearm within city limits and so on. There are a fair number of this type of small-change violation which is a misdemeanor.

    Of course, any gun crime which involves other people, such as "brandishing", can quickly escalate into a felony.

    In Texas, if you were to be technically-illegally carrying concealed in a place that had a "no guns" sign put up by the business owner but otherwise was not restricted by state or federal law, and prevented a deadly shooting, you'd not only be not charged but likely given a medal.
  • samzheresamzhere Banned Posts: 10,923 Senior Member
    Depends on the state and what kind of "gun free zone". Also matters if you have a ccw or not. Carrying without a ccw is likely to get you in a fair amount of trouble. Carrying in a school or courthouse or place where it's a gun free zone by law also is a bit risky. Carrying where there are posted signs like a mall or movie theater I doubt any self respecting DA would prosecute.

    The way it works here in Texas, is if you're carrying concealed and have a license, but are carrying in a "gun free" area such as a theater, the charge is a misdemeanor at most, unless of course you start trouble when the cops come. Usually of course, properly licensed concealed carry people just don't get into sidebar trouble anyway -- they're the good guys. Worse case would be if you refuse to leave and the owner calls the cops, they would write you a ticket, just like a traffic ticket. Probably would cost you some dough and I think that your carry permit would be suspended for 6 months -- too lazy to look up the technical info.

    Example, the theater where I go to see movies is a very clean and well run enterprise but there's still the parking garage late nights. They've got the usual business-owner "no gun" decals on the entrance doors. A .357 snubbie however goes thru those doors just fine, no muss, no fuss. What they don't know won't hurt 'em.

    Chance of a crazed shooter in the theater isn't my concern. It's heading back to my car at 10pm.
  • bisleybisley Senior Member Posts: 10,813 Senior Member
    samzhere wrote: »
    ...But if a bakery or coffee shop owner puts up a "no gun" sign, carrying it there while you've got a permit is a misdemeanor....

    Just to clarify (again):

    The sign must be in both English and Spanish, must include the specific language described by law, must appear in contrasting colors with block letters at least one inch in height and be displayed in a conspicuous manner clearly visible to the public.
  • samzheresamzhere Banned Posts: 10,923 Senior Member
    bisley wrote: »
    Just to clarify (again):

    The sign must be in both English and Spanish, must include the specific language described by law, must appear in contrasting colors with block letters at least one inch in height and be displayed in a conspicuous manner clearly visible to the public.

    Thanks, Bis. I know there are very specific rules as to the sign's style that must be posted at entrances.

    I looked up the Texas CHL code. If you're "caught" carrying concealed in one of these businesses (not a tavern or a courtroom, etc but a theater or whatever) then you can only be charged if you refuse to leave.

    The penalty is a Class A misdemeanor (highest type) and conviction will get you a year's suspension of your CHL.

    Also, there's this added paragraph: It is a "defense to prosecution if at the time of the commission of the offense, displayed the handgun under circumstances in which the actor would have been justified in the use of force or deadly force..."

    In other words, if you're carrying in that theater but you use your gun in a justified manner, the technical lawbreaking on your part is defensible. The county prosecutor MIGHT still charge you but it's very unlikely.

    And in my case, if I were to use my gun to protect myself from attack while going to my car in the parking garage, I would no longer be in the "no gun" zone anyway. The parking garage isn't a prohibited zone.

    Someone might ask "Well, you were coming out of the theater which is a gun-free zone, so how did you get your gun?" and I'd just quietly not speak on that. Self incrimination, y'know.
  • Gene LGene L Senior Member Posts: 12,616 Senior Member
    Big Chief wrote: »
    There was a horrific mass murder in GA the other day where two siblings stabbed 5 other members of their family to death. 2 and 1/2 the number killed in that LA theater shooting, something about a Cinema and School that makes more headlines than "Everyday" murders.

    Not trying to take away from what happened in LA, just an observation.

    That was in OK, not GA.

    In NJ, it may be a felony to possess a firearm, but most places it's a misdemeanor. In GA, for a "Criminal Trespass" to exist, first the offender has to be notified he's trespassing and then refuse to leave. At least that's the way it was six years ago, when I was in the biz. I've never seen a "No Guns" sign anywhere in my county except gun stores. There probably are some in ATL and other metro areas, for what reason I've never been able to determine unless it's an insurance thing, since everyone knows a sign never stopped an armed robber that I know of.
    Concealed carry is for protection, open carry is for attention.
  • samzheresamzhere Banned Posts: 10,923 Senior Member
    Excellent point about the armed robber. No magic Trek force shield generated by the "No Gun" sign seems to stop them. Wonder why not?

    We see these signs occasionally at various businesses, maybe a Sears or whatever, movie theaters, etc. I just ignore the sign. After all, "concealed carry" means that, duh, the gun isn't visible.

    Here in Texas, the "criminal trespass" (a misdemeanor) law is the same, if you're seen carrying in a "gun free" zone, all they can do is ask you to leave, after which there is nothing further. If you refuse to leave, then it becomes a criminal offense and they can get the cops to arrest or ticket you.

    I've never actually read of any story where a concealed carrier was spotted in a no-gun store and there was a dustup from it. When the open carry protesters were doing their thing this spring, they were asked to leave a Starbucks or two and they did, with lots of fanfare and mall ninja braggery.

    Now Jan 1st 2016, the new Texas open carry law goes into effect, in which a permit holder can legally open carry a sidearm in the same exact locales that previously allowed concealed carry. Essentially the law was changed by simply removing the word "concealed" from the existing law.

    I know that the AR-on-the-shoulder open carry guys will be celebrating and I hope they don't accidentally shoot themselves or anyone else. Those guys scare me a bit, don'tcha know. Myself, I'll just continue to tuck that little .357 snubbie in its pocket holster into the front pocket of my jeans.

    First royalty check from my book sales? I'm buying a brand new compact .45 pistol, absolutely!
Sign In or Register to comment.
Magazine Cover

GET THE MAGAZINE Subscribe & Save

Temporary Price Reduction

SUBSCRIBE NOW

Give a Gift   |   Subscriber Services

PREVIEW THIS MONTH'S ISSUE

GET THE NEWSLETTER Join the List and Never Miss a Thing.

Get the top Guns & Ammo stories delivered right to your inbox every week.

Advertisement