Atlanta Braves LEO friendly? [Archive] - Glock Talk

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matt86
09-08-2011, 03:48
Im going to a braves game this month and am a LEO from NC. Anyone know if they will allow me to carry in their stadium? I tried to email them about it a month ago but never got a reply. Thanks and be safe!

jbclark187
09-08-2011, 05:37
The "official" stadium policy is no weapons. Any searches are infrequent and often reserved for high profil games / weekends. Most of the time they are only interested in searching bags.

efman
09-09-2011, 03:46
The "official" stadium policy is no weapons. Any searches are infrequent and often reserved for high profil games / weekends. Most of the time they are only interested in searching bags.

I went to a game earlier this year and did not carry, once I was there I really wished I had, they hardly even looked in my GF's purse and the staduim isn't exactly in the best part of town.

Glockwork Orange
09-09-2011, 06:05
Im going to a braves game this month and am a LEO from NC. Anyone know if they will allow me to carry in their stadium? I tried to email them about it a month ago but never got a reply. Thanks and be safe!



I spoke with Turner Field Security directly in the past...they ARE NOT LEO friendly...they don't want any guns in their stadium PERIOD...not like when I worked in NYC and LEO could go through the press entrance at Yankee Stadium or Shea Stadium (who were VERY LEO friendly) if they were carrying...it's kinda ironic that in Georgia you can't carry in a Stadium, but in NYC you can...go figure...that being said, I have pocket carried a J frame snubbie into Turner multiple times without issue...if a drone at the gate wands you and they determine you are carrying they will just ask you to leave it in your car...

OXCOPS
09-09-2011, 08:24
Regardless of the policy there, remember that everyone in Atlanta has a gun. They should issue them to visitors at the city limits just to even the playing field.

ray9898
09-09-2011, 12:21
Turner field has a policy of no weapons, if it becomes a problem they will direct you to Atlanta PD who may offer to allow you to lock it up at the on site precinct with proper credentials.

It is not illegal as you are covered under LEOSA.

nohocop
09-09-2011, 15:58
Ray9898, technically you are not correct. One of the exceptions to LEOSA relates to the ring of private property owners to exclude CCW on their private property, the violation of which constitutes trespass under state law. Put in legal context, if a private property owner bans guns, and there is a state law which defines the violation of that ban as trespass, LEOSA no longer applies and you have now committed a violation of laws relating to the unauthorized carriage of a concealed weapon. Be legally careful out there

nohocop
09-09-2011, 16:00
Re my last post, change "ring" to "right.". Darn auto correct programs!

jpa
09-09-2011, 16:28
Ray9898, technically you are not correct. One of the exceptions to LEOSA relates to the ring of private property owners to exclude CCW on their private property, the violation of which constitutes trespass under state law. Put in legal context, if a private property owner bans guns, and there is a state law which defines the violation of that ban as trespass, LEOSA no longer applies and you have now committed a violation of laws relating to the unauthorized carriage of a concealed weapon. Be legally careful out there

If he's told to leave and refuses, that's trespassing. To this point he has only heard anecdotes, speculation and hearsay that firearms are prohibited. He hasn't received any official notice that firearms are prohibited nor has he been told that he may not enter or must leave the property. Once he's told he has to leave BY AN AGENT OF THE PROPERTY OWNER or the owner themselves it becomes trespassing if he refuses. There is no automatic trespassing charge.

ray9898
09-09-2011, 16:42
Ray9898, technically you are not correct. One of the exceptions to LEOSA relates to the ring of private property owners to exclude CCW on their private property, the violation of which constitutes trespass under state law. Put in legal context, if a private property owner bans guns, and there is a state law which defines the violation of that ban as trespass, LEOSA no longer applies and you have now committed a violation of laws relating to the unauthorized carriage of a concealed weapon. Be legally careful out there

I understand where you are going but there no criminal statutes to enforce in GA for LEO or CCW holder in that situation. The property owner can put up a no weapons, no outside food, or shoes required sign but none of them hold any legal authority in GA, their only recourse it to ask you to leave the property if you do not abide by their rules. Refusing to leave can lead to trespassing.

nohocop
09-09-2011, 21:13
In Texas we have a statutory notice called the 30.06 notice (applies to Concealed Handgun Licensees). That notice effectively renders concealed carry on those premises illegal. My take is that if you are out of state LEO and carry into one of those places under LEOSA, you have a problem, i.e. LEOSA no longer applies. Wish it weren't so, believe me, but that is my legal view.

ray9898
09-09-2011, 21:15
In Texas we have a statutory notice called the 30.06 notice (applies to Concealed Handgun Licensees). That notice effectively renders concealed carry on those premises illegal. My take is that if you are out of state LEO and carry into one of those places under LEOSA, you have a problem, i.e. LEOSA no longer applies. Wish it weren't so, believe me, but that is my legal view.


Yeah...we don't have anything like that in GA. There is no legal consequence for carrying somewhere that is posted.

jbclark187
09-09-2011, 21:23
^^^^
they beat me to my points...

JustASmith
09-19-2011, 05:38
In Texas we have a statutory notice called the 30.06 notice (applies to Concealed Handgun Licensees). That notice effectively renders concealed carry on those premises illegal. My take is that if you are out of state LEO and carry into one of those places under LEOSA, you have a problem, i.e. LEOSA no longer applies. Wish it weren't so, believe me, but that is my legal view.

Not to hijack this thread and I'm not from Texas, but I ran into a State Officer from Texas a couple of years ago, at an FOP get together. He told us that the "30.06" signs, which were mandated by the state at all businesses selling alcohol (even convenience stores...that's where I've seen them) didn't apply to out of state or retired officers because it wasn't a private property issue, it was a state law. He said all businesses that sold alcoholic beverages had to post the signs. I've never read the 30.06 law and am just curious as I do travel to Texas a few times a year.

JohnHoliday
09-19-2011, 17:10
I went to a Braves game about a month ago, and I carried. They didn't search or do any type of patdowns, so I had no problems.

I've found with any professional sports they either don't search, and if you see them searching, just ask to talk to a cop, and you'll be able to get in with it.

nohocop
09-19-2011, 17:26
JustASmith, you've got the law in Texas just a bit wrong. State law does not mandate the posting of signs where alcohol is sold. Rather, it prohibits concealed carry in an establishment which derives 51% or more of its revenue from the sale of alcohol ON PREMISES. For me, that pretty much is going to be a bar, but you get into some interesting issues if it's a restaurant and a bar.

The owner will post a sign with a big "51" on it, so that will be a clue. But you can go into a liquor store, for instance, no problem, as long as there is no on premises consumption.

With regard to LEOSA and the 30.06 sign, it's an interesting issue. To be hyper technical, I have always interpreted the posting of a 30.06 sign by a private property owner as an indication that the private property owner does not want anyone to carry on their property. And remember that LEOSA has an exception for private property owners banning concealed carry on their premises.

So the question is whether the posting of a 30.06 sign by a property owner can be interpreted as the private property owner banning concealed carry. Let the courts decide.

nohocop
09-19-2011, 17:29
Here's the statute. Texas Government Code 46.035:

46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE
HOLDER. (a) A license holder commits an offense if the license
holder carries a handgun on or about the license holder's person
under the authority of Subchapter H, Chapter 411, Government Code,
and intentionally fails to conceal the handgun.
(b) A license holder commits an offense if the license
holder intentionally, knowingly, or recklessly carries a handgun
under the authority of Subchapter H, Chapter 411, Government Code,
regardless of whether the handgun is concealed, on or about the
license holder's person:
(1) on the premises of a business that has a permit or
license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic
Beverage Code, if the business derives 51 percent or more of its
income from the sale or service of alcoholic beverages for
on-premises consumption, as determined by the Texas Alcoholic
Beverage Commission under Section 104.06, Alcoholic Beverage Code;

DaBigBR
09-19-2011, 17:30
In Texas we have a statutory notice called the 30.06 notice (applies to Concealed Handgun Licensees). That notice effectively renders concealed carry on those premises illegal. My take is that if you are out of state LEO and carry into one of those places under LEOSA, you have a problem, i.e. LEOSA no longer applies. Wish it weren't so, believe me, but that is my legal view.

Does it cover businesses that are electing to prohibit carry, or does it outline places (like liquor stores, banks, etc) that the state says permit holders cannot carry?

If the former, then I agree with you. If the latter, then I would say that LEOSA carry is acceptable since it is a state law preventing people from carrying at those businesses and not a state law allowing the businesses to electively prohibit carry.

nohocop
09-19-2011, 17:46
This is going to take a bit of work, so bear with me.

In Texas, Penal Code Section 30.06 is the section that applies to CHL holders. Basically, if you have a permit, and the property owner has posted a sign that complies with 30.06, then if you carry your firearm on that property you have committed criminal trespass. Any private property owner can post that sign.

Now, for the most part, banks and liquor stores do not post the 30.06 sign. But legally they are entitled to. There are some places you cannot carry whether or not there is a sign there. For instance, in schools, courthouses, secured parts of an airport, etc., it would be a crime to carry there even without a 30.06 sign. Other places, like hospitals, churches, or wherever, require the 30.06 sign to ban concealed carry BY LICENSE HOLDERS.

Now, there is also a criminal trespass statute in Texas that has no relationship to guns at all. That is found in Penal Code Section 30.05. It says:

a) A person commits an offense if the person enters or remains on or in property of another, including residential land, agricultural land, a recreational vehicle park, a building, or an aircraft or other vehicle, without effective consent and the person:
(1) had notice that the entry was forbidden.

So if you are an out of state LEO carrying under LEOSA, and you encounter a 30.06 sign, you say to yourself: That doesn't apply to me, because I am carrying under LEOSA and am not a CHL Holder. But should I interpret the 30.06 sign to mean that the property owner does not want guns on his property, by a CHL holder or ANYBODY, including out of state LEOs. Did i have notice that "entry was forbidden" WITH A GUN???

Frankly, DUNNO! And I guarantee there has never been a case on this.

What do you Texas LEOs think of this issue? If something went down in a place with a 30.06 sign involving an out of state LEO carrying under LEOSA, would you consider that criminal trespass under 30.05, thereby rendering LEOSA inapplicable?

DaBigBR
09-19-2011, 18:20
My impression, as a non-Texas officer, is that since the Texas statute applies specifically and fairly narrowly to concealed permit holders that it does NOT apply to people carrying under LEOSA and that a "test case" would come down that way. All of the "test cases" that I am familiar with have been pro-LEOSA (USCG guy, NYPD/PA Constable, and Seattle cops at Sturgis being the three that come to mind). I also wouldn't want to be one of those test cases though, either.

Definitely makes for an interesting legal discussion, though.

GackMan
09-19-2011, 19:23
Can an off duty Texas LE carry into a premise open to the public which is marked with a 30.06 sign?

nohocop
09-19-2011, 19:33
Yes. Texas peace officers on duty or off duty are exempt from CHL laws.

State_Trooper_OSP
09-20-2011, 03:02
I'm glad I don't live in the south :)