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by tbranch
Wed Dec 26, 2007 1:39 pm
Forum: General Texas CHL Discussion
Topic: Liquor Store Carry???
Replies: 50
Views: 6788

Re: Liquor Store Carry???

Charles L. Cotton wrote:As someone else mentioned, trying to prove the required mental state (intentionally, knowingly or recklessly) may be difficult without a sign, but not impossible.
Chas,

That seems reasonable, but who really wants the expense of being a test case. Any known case law on the subject?

Tom
by tbranch
Wed Dec 26, 2007 11:47 am
Forum: General Texas CHL Discussion
Topic: Liquor Store Carry???
Replies: 50
Views: 6788

Re: Liquor Store Carry???

txinvestigator wrote:There is no defense if you carry into a 51% place that is not posted. There is no offense to carry into a place that posts a 51% sign if it is not a 51% place.
Wow. This seems like a bad law. How is one supposed to know it's a 51% establishment if they fail to post the sign? On the other hand, I would not carry into a place that had a 51% sign unless I was really sure it was not a 51% establishment.

Happy Holidays.

Tom

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