Members of Texas Open Carry were shown toting their weapons in a Kroger grocery store in Mansfield, Texas. Of course, Moms Demand Action for Gun Sense in America demanded that Kroger CEO Michael Ellis adopt a "no-guns" policy.
Keith Daily, a Kroger spokesman, said the grocery chain had no plans to change existing policy, which is to abide by state and local laws.
A good move, especially in Texas, because it is illegal for any establishment that serves or sells alcoholic beverages to allow any firearm, other than one carried by the holder of a Texas Concealed Handgun License, on the premises (in Texas, the term "premises" does not include parking lots).
Unlike many Texas gun laws, this one includes rifles and shotguns.
According to the Texas Alcoholic Beverage Commission: "Under current statue, although an individual may have the legal authority to openly carry certain firearms in public, a business that is licensed to sell or serve alcoholic beverages is prohibited by state law from allowing rifles or shotguns in the building.
"Specifically this comes from section Section 11.61(e) of the Alcoholic Beverage Code says that TABC shall, after the opportunity for a hearing, cancel a permit if the permittee knowingly allowed a person to possess a firearm in a building on the licensed premises. There are some exceptions included in this law, including licensed concealed handguns."
So Kroger, in keeping with state law, for its own protection as a licensee, is entitled to require anyone carrying a firearm of any sort, other than a concealed handgun by a person with a permit, to leave the store immediately.
In addition, state law requires that every establishment that serves or sells alcoholic beverages post an exact duplicate the following sign, no smaller than 8.5 inches by 14 inches, in a conspicuous location at the entrance:
This shows that Kroger doesn't need to change its policy at all and it also shows that neither Open Carry Texas nor Moms Demand Action for Gun Sense in America did their homework.
This is also true for Target and Wal-Mart (at least the Supercenters that sell groceries, beer and wine), Chipotle (sells beer and margaritas) and Chili's. They don't have to be involved with the controversy at all! All they need to do is comply with Texas state law and protect their liquor/beer/wine licenses.
Furthermore, any person carrying a weapon into one of these establishments could be arrested for Unlawful Carrying of Weapons, a Class A misdemeanor, and could be charged with a felony. If convicted of felony charges, the person is prohibited from possessing a firearm at all.