Off duty LEO's are exempt from prosecution under 30.05 for carrying, but I suppose the Whataburger could kick them out for being cops...srothstein wrote:Fortunately, the problem was cleared up by Dru, so this is kind of moot for this case, but it may be important to another case.
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I would also not be one to question who has apparent authority,a s a general rule. The exception to this is the one Dru used, accurate knowledge of the location and its employees. But at a strange location, I would accept it from almost any employee. Even ones who I think are clearly wrong, like the recent Whataburger employees who told the off-duty police officers to leave because they were carrying. It isn't worth the risk to me.
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Return to “conceal carry at church fundraiser?”
- Mon May 23, 2016 11:40 am
- Forum: General Texas CHL Discussion
- Topic: conceal carry at church fundraiser?
- Replies: 17
- Views: 4460
Re: conceal carry at church fundraiser?
- Tue May 17, 2016 6:22 pm
- Forum: General Texas CHL Discussion
- Topic: conceal carry at church fundraiser?
- Replies: 17
- Views: 4460
Re: conceal carry at church fundraiser?
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.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.