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by Charles L. Cotton
Wed Dec 26, 2007 12:15 pm
Forum: General Texas CHL Discussion
Topic: Liquor Store Carry???
Replies: 50
Views: 6789

Re: Liquor Store Carry???

tbranch wrote:
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
After first opposing CHL, former Harris County District Attorney Johnny Holmes became a convert and an ardent supporter of CHL's. He testified in an interim study that the lack of a 51% sign should be a defense to prosecution, but it never happened. 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.

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