Texas & U.S. Law Shield Forum

Uncategorized Boards => Ask the Lawyers => Topic started by: ng101 on December 29, 2017, 02:54:53 AM

Title: TASER carry
Post by: ng101 on December 29, 2017, 02:54:53 AM
10 months ago I went to a restaurant called Big House Burgers for a birthday party. At the entrance there was a 30.07 sign. I carried my TASER openly in the restaurant and the manager confronted me. He said he would call the cops and impose a $10,000 fine if I did not leave BHB or leave the TASER in my vehicle even though I tried explaining to him it wasn't a handgun let alone a weapon. I ended up leaving the TASER in my car. What would my options have been?
Title: Re: TASER carry
Post by: Neighbor on December 29, 2017, 04:28:57 PM
Not a weapon???  You come at me with a tazer and I will certainly consider it a weapon - whether I'm technecally right or wrong.

Not a lawyer, but I'm thinking you pretty much had to leave or do what he said once he confronted you . Although I seriously doubt he could "dictate" a $10,000 fine or any fine at all for that matter, I believe he could ask you to leave.  Will be interesting the possibilities offered by the lawyers. Do you routinly go around open carrying a Tazer? If so, ever been asked to disarm or leave before?
Title: Re: TASER carry
Post by: ng101 on January 02, 2018, 12:23:02 PM
I do not routinely go around open carrying a TASER, however depending on whether I have enough layers of clothing I may open or conceal carry. I have only been asked to leave once in this situation and told to cover it up in another restaurant and that was at a Whataburger.
Title: Re: TASER carry
Post by: TexasLawShield on January 05, 2018, 05:04:12 PM
The Texas Penal Code does not specifically address TASERs. For that reason, it is legal for you to carry a TASER openly or concealed. TPC 30.06 and 30.07 signs specifically prohibit carrying a handgun, and they do not prevent you from carrying a TASER. That being said, your experience at the restaurant is not surprising because TASERs resemble handguns when holstered. The 30.07 sign does not make you a trespasser. But, once you receive verbal notice that you cannot have your TASER in the restaurant and you refuse to leave, you become a trespasser under TPC 30.05. Although this is not the same crime as trespassing with a concealed handgun, it is a crime nonetheless. The restaurant owner or manager has the right to kick you out or refuse to serve you, but not the right to charge you with a fine. If the owner called the police, the officer may charge you with a fine, but it would likely be much less than $10,000.

Neighbor brought up a good point. A TASER is a weapon. While a TASER is generally designed to be non-lethal, it can be used in a manner that could cause serious bodily injury and therefore it could even be considered a deadly weapon in some circumstances. For that reason, you would be justified in defending yourself against someone unlawfully attempting to stun you with a TASER.