Tag Archives: Open Carry Texas

Starbucks to ask customers not to bring guns in stores | Military Times GearScout

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Starbucks to ask customers not to bring guns in stores | Military Times GearScout.

starbucksnewpolicyThis “change” in policy honestly comes as no surprise.  Back in 2010, Starbucks originally did the right thing by their customers and the law by stating their stores would obey the laws of the local jurisdictions with respect to open carry. That was a bold statement for a publicly traded company considering the fact so many of their stores are independently owned franchises and it meant corporate was dictating policy to private business owners. Not every partner was happy with this policy but, the Starbucks brand is so big that few were going to just walk away from a cash cow.

Some (not all) in the Open Carry movement took this statement as “support” from Starbucks and began organizing open carry events at Starbucks stores. It was anything but support. It was simply a notice of compliance with the law and nothing more. Not every partner was OK with this and many of the folks in the stores were simply too kind to say “No.” The events were certainly peaceful but, in more than a few places, it also drove away business and that nothing changes corporate policy faster than a hit in the profit margin.

The issue snowballed for Starbucks. First it was anti-gun counter protests which are rarely productive but, soon enough it turned into and social media campaigns and boycotts organized by state wide Democratic parties as well as as the usual anti-gun groups. Starbucks business partners and share holders started making noises too and this left Starbucks in a bad spot. All you have to do is listen in on an investors’ conference call when numbers are announced at the end of a financial quarter. The issue doesn’t come up every quarter but, it has come up and it’s never good when investors are worried about the political stance of a publicly traded company.

So again, to me it was just a matter of time.  Sometimes, when you poke the bear, you suffer the consequences. While we should have the right to choose to carry openly, it is clear that by openly flaunting that right in the general public, some have unwittingly created hostile environments for people who might otherwise have at least been neutral if not supportive to their cause.  This policy change is the result. And while there are those who will take the attitude that this does not matter, public perception is everything and the firearms community needs every ally it can get. A string of recent political victories does not constitute a war that is won.  At the end of the day, Starbucks is not the first company to choose profit over political neutrality, and they won’t be the last.

– Gary

Illegal Arrest? Or Dubious Understanding of the Law?…Open Carry

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Over the last 36hrs, Open Carry Texas tweeted that three of their members were “illegally arrested” for openly carrying “pre-1899 black powder revolvers” at the Texas Capitol. News of the arrest has quickly gone “viral.” Infowars.com was also there to record it and has posted video on their website and YouTube channel.

 

There are several video segments on YouTube and other sites in which Open Carry Texas members and even a DPS trooper can be seen reading Chapter 46 (Weapons) of the Texas Penal Code. Specifically, they are reading the definition of a firearm. The text of that section reads as follows:

“Firearm” means any device designed, made, or adapted to expel a projectile through a barrel by using the energy generated by an explosion or burning substance or any device readily convertible to that use. Firearm does not include a firearm that may have, as an integral part, a folding knife blade or other characteristics of weapons made illegal by this chapter and that is:
(A) an antique or curio firearm manufactured before 1899; or
(B) a replica of an antique or curio firearm manufactured before 1899, but only if the replica does not use rim fire or center fire ammunition.

I hate to be the guy taking unpopular positions but, I honestly think the troopers on the scene made a reasonable call. My father (a retired, 32-year veteran cop), was well known in his department for saying that people often know just enough about their rights to go to jail. Experience has shown me the man knows what he’s talking about. I say that because as I read Chapter 46, the cap-and-ball revolvers may be replicas of pre-1899 firearms but, they are also handguns. Being that it is currently a Class A misdemeanor under Section 46.02 to carry a handgun openly in Texas, an arrest would seem reasonable to most police officers.

It should be noted that none of the people at the scene who were carrying long guns were arrested.  This would seem to indicate DPS troopers clearly recognized that openly carrying a long gun does not, in and of itself, constitute an offense under Texas law. Now having said this, the folks at Open Carry Texas can and should cite the definition of “Firearm” under Section 46.01 in their defense but, I am not a lawyer. There’s a good chance that because of what might be seen as the vaguarities of the law, charges may be dropped…Or not. Time will tell as this story is still in play.

-Gary