Search found 5 matches

by seamusTX
Wed Dec 26, 2007 10:25 am
Forum: General Texas CHL Discussion
Topic: Liquor Store Carry???
Replies: 50
Views: 6398

Re: Liquor Store Carry???

frankie_the_yankee wrote:The only "Blue Moon Lounge" I ever heard of was in the movie "Police Acadamy".
There's one less than a mile from my house, and I have never been inclined to go there.

Google has thousands of hits for real places called "Blue Moon Lounge."

- Jim
by seamusTX
Tue Dec 25, 2007 2:04 pm
Forum: General Texas CHL Discussion
Topic: Liquor Store Carry???
Replies: 50
Views: 6398

Re: Liquor Store Carry???

Odin wrote:I suspect that some of these businesses are not being completely honest ... in their reporting in order to maintain their license, and some of them probably should be posted as 51% establishments, but if they are reporting their numbers in a way that allows them to not be a 51% establishment and they do not post a red 51% sign then I assume that a CHL holder is legal to carry in that establishment.
I think that is correct. If you read the exact wording of PC §46.035, it's the TABC decision that makes a bar a 51% establishment, making possession of a firearm there a felony.

- Jim
by seamusTX
Mon Dec 24, 2007 12:13 pm
Forum: General Texas CHL Discussion
Topic: Liquor Store Carry???
Replies: 50
Views: 6398

Re: Liquor Store Carry???

Dragonfighter wrote:How can I "...intentionally, knowingly or recklessly..." carry a concealed handgun where > 51% of sales is for on premise consumption if it is not posted? ... That said it would probably be considered "reckless" to carry into a place called "Blue Moon Lounge" or something akin to it, whether it was posted or not.
Exactly. Every adult pretty much knows what a bar is on sight.

Also keep in mind that in order to be arrested, a sequence of events must occur that leads to the police arriving. Most of the time, that includes the CHL holder acting carelessly or rashly.

- Jim
by seamusTX
Mon Dec 24, 2007 10:24 am
Forum: General Texas CHL Discussion
Topic: Liquor Store Carry???
Replies: 50
Views: 6398

Re: Liquor Store Carry???

Dragonfighter wrote:Are you referring to the 51% sign? If that is posted at a package store it is incorrect and you are not obligated to obey it.
That is correct. The only signs have the force of law on a package liquor store are the one saying it is a felony to carry a weapon without a license, and a 30.06 sign if they choose to post one.
Dragonfighter wrote:What's more, if an establishment does derive 51% of its sales in liquor for on premise consumption and fails to post the proper sign, your still good. The onus is on them to comply with TABC code and not you to figure whether the bar in the restaurant is big enough or busy enough to be 51% OPC alcohol sales.
That is unfortunately not the case. It is illegal to carry in a 51% establishment, regardless of whether they have the correct signage.

As a practical matter, if you're minding your business, it will never be an issue.

- Jim
by seamusTX
Mon Dec 24, 2007 9:05 am
Forum: General Texas CHL Discussion
Topic: Liquor Store Carry???
Replies: 50
Views: 6398

Re: Liquor Store Carry???

Correct on both counts.

- Jim

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