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srothstein wrote: When I first posted that the guy saying no guns appeared to have the authority, I was basing it on the statement in the OP that "the guy in charge" called him to ask for help. He has since clarified that the person was not the organizer of the event or an officer of the church in any way.

Yeah I could probably have phrased it better to start with. I'm part of a men's group at my church and one of the things we do is help out at various church functions. We're grilling hamburgers, frying chicken wings and fish, all that stuff. This guy is the "head" (if you can even call him that) of our men's group and he's helping coordinate what our group will do but he's not an officer of the church or in charge of the event in any way.


I appreciate your advice though - it was on me for poorly articulating the scenario in the first place

ScottDLS wrote:

srothstein wrote:Unless the church already has a TABC license, which seems unlikely, they will be getting a temporary permit from TABC for the event days only. IN most cases, temporary permits are sent as 51% permits because most charities selling beer make most of their money from the beer. Not all, but most. It will depend on how much beer they expected to be sold when they asked TABC for the license, along with how much of everything else.

Be prepared to not carry based on that. But also, I would think you just received effective notice from the organizer and I would think the courts would say he had the apparent authority to give you that notice. That also sounds to me like a no carry location for you that weekend.

Where is the beer going to be sold? When our local (Catholic) church has these type of functions, the food/beverages are typically cooked/served from booths or tents, not in the "chapel"/worship area or sacristy or other BUILDINGS. If the beer is sold & consumed outside, the 46.035 definition of premises would only be met be the "pouring area". Also if sold inside, the DEFENSE provided in 46.035 will be available unless the 51% signs are correctly posted.

Like your church, the beer and wings and sodas and all the other food will be served and consumed outside not in any building. So assuming there is a 51% sign, I would just have to stay essentially outside of the booth where the beer is being served and I should be G2G?


I would actually be surprised if more than half our money comes from alcohol sales since we serve a lot of families, lots of wings/sodas and even have a cover charge

srothstein wrote:Unless the church already has a TABC license, which seems unlikely, they will be getting a temporary permit from TABC for the event days only. IN most cases, temporary permits are sent as 51% permits because most charities selling beer make most of their money from the beer. Not all, but most. It will depend on how much beer they expected to be sold when they asked TABC for the license, along with how much of everything else.

Be prepared to not carry based on that. But also, I would think you just received effective notice from the organizer and I would think the courts would say he had the apparent authority to give you that notice. That also sounds to me like a no carry location for you that weekend.

he isn't the organizer. He also isn't the bishop/pastor/deacon/anyone who can make any rule for the church. That's why it seems to me he doesn't have any apparent authority. Interesting to know about the temp license though. Thanks for the heads up on that

Hey everyone,

So in the not-to-distant future, my church (catholic) is holding its annual picnic/festival/fundraiser. I am part of a church organization that helps out with the cooking of the food, arranging the entertainment etc. Now, this church is located in the diocese of Austin which doesn't have (as far as I know) a position on the 30.06 or 30.07 signs. Our church doesn't have those signs posted nor do we have anything that could be even remotely construed as a no-guns-allowed sign or policy. So I just get an email from the guy in charge of this group asking if I can help out. This year, in addition to chicken wings, pizza, and soft drinks, we are also going to be selling beer. He mentioned that because of this, I can't conceal carry at the event.


I wasn't sure that he was correct. Maybe he is just trying to prevent me from carrying (he and I both carry at church services and we're good friends so I don't think he's trying to intentionally mislead me)


My understanding was that unless the church has 30.06/07 signs posted or isn't deriving at least 50% of its revenue from the sale of alcohol, then I should be good to go. Can anyone chime in on whether my understanding is correct? He doesn't have the authority to make that decision either since he's just coordinating with some of the guys about who can help when (i.e. so he hasn't given me verbal notice - I think he was just passing along a friendly reminder).