Keith B wrote:From our resident TABC expert viewtopic.php?f=7&t=44884#p544762" onclick="window.open(this.href);return false;speedsix wrote:...I don't read that in the law...46.035 says that we commit an offense if we INTENTIONALLY, KNOWINGLY, OR RECKLESSLY carry in a business that has a 51% permit...if it's not posted, the intentionally, knowingly, or recklessly haven't been met...
...any test cases to see how the prosecution handled those points?
...thanks for that...but before you need a defense to prosecution, you need to have met the elements of the crime...in this case INTENTIONALLY, KNOWINGLY, OR RECKLESSLY carrying in a 51% business
...in a church...I know I'm in a church...in a school, I know I'm in a school...but in a pool hall, or an American Legion post...the only reasonable way I can knowingly (or intentionally or recklessly) commit an offense is if I have some knowledge that this business is a 51% business...only discernable by an average citizen if they see the business' license or the required posted 51% sign...
...have there even been any arrests on this charge yet?