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Austin City Limits Festival

Posted: Mon Aug 29, 2016 10:54 pm
by Soap
This takes place a Zilker park in Austin. I have a permit. The website says no weapons. I doubt there are 30.06 signs since this is a public park. How does this actually work? Anyone been there? I plan to leave the gun in the car.

Re: Austin City Limits Festival

Posted: Tue Aug 30, 2016 7:47 am
by Scott Farkus
I've never been to the ACL Fest but knowing how anti-gun the city of Austin is, I would be surprised if they did not post 30.06/30.07 signs. They won't even take them down at City Hall and are daring the AG to do something about it. I would also not be at all surprised if they had security guards wanding people at the entrance, nor would it surprise me if the alcohol vendors got the entire festival deemed a 51% location.

In other words, expect this city to do anything and everything it can to deny your right to carry, and not give a rip whether how they do it is legal or not.

Re: Austin City Limits Festival

Posted: Tue Aug 30, 2016 8:21 am
by ScottDLS
Scott Farkus wrote:I've never been to the ACL Fest but knowing how anti-gun the city of Austin is, I would be surprised if they did not post 30.06/30.07 signs. They won't even take them down at City Hall and are daring the AG to do something about it. I would also not be at all surprised if they had security guards wanding people at the entrance, nor would it surprise me if the alcohol vendors got the entire festival deemed a 51% location.

In other words, expect this city to do anything and everything it can to deny your right to carry, and not give a rip whether how they do it is legal or not.
Public outdoor areas like walkways and open areas in parks (non-buildings) are not "premises" under 46.035, so you can not make them a 51% "premises" to ban carry. They can't ban carry with 30.06/7 and wands since it's a public park, but as you point out, that doesn't mean they won't try.

Re: Austin City Limits Festival

Posted: Tue Aug 30, 2016 11:15 am
by locke_n_load
Food (or drinks I guess) for thought - for alcohol vendors, isn't their license tied to the address? So for temporary events, how can an event be 51% there if the liquor license isn't for that location? Or do they get some sort of temporary license?

And Scott hit the nail on the head, as usual.
"on the premises of a business that has a permit or license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic Beverage Code, if the business derives 51 percent..."

I don't see how you could step foot in/or the premises of a business that is a small vendor stand if you're in a public park anyway, unless they put down a deck or something.

Re: Austin City Limits Festival

Posted: Tue Aug 30, 2016 11:18 am
by Pawpaw
Heck, I thought the festival was named after the city of Austin pushing the limits of what they could get away with.

Re: Austin City Limits Festival

Posted: Tue Aug 30, 2016 11:25 am
by Jusme
Pawpaw wrote:Heck, I thought the festival was named after the city of Austin pushing the limits of what they could get away with.

Only if it serves their left leaning agenda. They can have the right to defy laws they deem too restrictive, but then turn around and do the same thing to those they don't agree with.

Re: Austin City Limits Festival

Posted: Tue Aug 30, 2016 11:57 am
by AustinNative04
ScottDLS wrote:
Public outdoor areas like walkways and open areas in parks (non-buildings) are not "premises" under 46.035, so you can not make them a 51% "premises" to ban carry. They can't ban carry with 30.06/7 and wands since it's a public park, but as you point out, that doesn't mean they won't try.

While held in Zilker Park, a municipal park, ACL Festival is not open to the general public without the purchase of a ticket. Access to the festival is controlled via fencing and secured points of entry.

The definition of a premises under the Penal Code notwithstanding, when an attendee purchases a ticket (i.e. a license to attend the event), that ticket holder agrees to the terms and conditions set forth by the event organizers, including policies prohibiting firearms. ACL Festival is organized and administered by C3 Presents. C3's policies regarding weapons is articulated in the FAQ section of the ACL Festival website: http://www.aclfestival.com/information/#faqs-ticket.

There will be security staff and APD officers on duty patting down and/or wanding attendees; there always is. It would be safe to assume that you will be refused entry if security personnel become aware you are carrying a firearm.

Re: Austin City Limits Festival

Posted: Tue Aug 30, 2016 12:14 pm
by Skiprr
Maybe it's time for a new request for opinion from the Texas Attorney General?

Re: Austin City Limits Festival

Posted: Tue Aug 30, 2016 12:46 pm
by Scott Farkus
Skiprr wrote:Maybe it's time for a new request for opinion from the Texas Attorney General?
Or rewrite some laws. It seems even SB273 wasn't enough to get the attention of some of these local officials.

So, assuming it's illegal for Austin to do this or allow it to be done on city property, by the time all the requisite complaints have been filed and the requisite notices given and the 15 day period or whatever it is has elapsed, the festival is long since over and there are no signs to take down, or not. So why should they care? If I get pulled over for speeding, do I get two weeks notice not to speed again before the ticket is written?

Tired of this nonsense.

Re: Austin City Limits Festival

Posted: Tue Aug 30, 2016 1:54 pm
by Abraham
AustinNative04,

Are you in agreement with the anti-gun restrictions enforced at the Austin City Limits Festival?

Re: Austin City Limits Festival

Posted: Tue Aug 30, 2016 1:58 pm
by rotor
Scott Farkus wrote:
Skiprr wrote:Maybe it's time for a new request for opinion from the Texas Attorney General?
Or rewrite some laws. It seems even SB273 wasn't enough to get the attention of some of these local officials.

So, assuming it's illegal for Austin to do this or allow it to be done on city property, by the time all the requisite complaints have been filed and the requisite notices given and the 15 day period or whatever it is has elapsed, the festival is long since over and there are no signs to take down, or not. So why should they care? If I get pulled over for speeding, do I get two weeks notice not to speed again before the ticket is written?

Tired of this nonsense.
Notify the city now and then file the complaint. They hold the event yearly and if the AG agrees they pay the fine next year if they ban LTC carry. Just did this with our local gun show, illegally posted in March but promoter of the show did not post again in August. Or the promoters have the right to move to a private location. This all depends on how much effort you wish to pursue.

Re: Austin City Limits Festival

Posted: Tue Aug 30, 2016 2:06 pm
by AustinNative04
Abraham wrote:AustinNative04,

Are you in agreement with the anti-gun restrictions enforced at the Austin City Limits Festival?
I'm not agreeing with or advocating that there should be a no-guns policy. But, I would agree that having such a policy does not violate current law.

Re: Austin City Limits Festival

Posted: Tue Aug 30, 2016 2:11 pm
by Skiprr
AustinNative04 wrote:
Abraham wrote:AustinNative04,

Are you in agreement with the anti-gun restrictions enforced at the Austin City Limits Festival?
I'm not agreeing or advocating that there should be a no-guns policy. But, I would agree that having such a policy does not violate current law.
It doesn't? PC §30.06/07(e) doesn't apply?

Re: Austin City Limits Festival

Posted: Tue Aug 30, 2016 2:16 pm
by TexasTornado
Skiprr wrote:
AustinNative04 wrote:
Abraham wrote:AustinNative04,

Are you in agreement with the anti-gun restrictions enforced at the Austin City Limits Festival?
I'm not agreeing or advocating that there should be a no-guns policy. But, I would agree that having such a policy does not violate current law.
It doesn't? PC §30.06/07(e) doesn't apply?
I thought public parks could not be posted according to the AG. If that is the case wouldn't any sign be invalid anyway?

Re: Austin City Limits Festival

Posted: Tue Aug 30, 2016 2:16 pm
by rotor
AustinNative04 wrote:
Abraham wrote:AustinNative04,

Are you in agreement with the anti-gun restrictions enforced at the Austin City Limits Festival?
I'm not agreeing with or advocating that there should be a no-guns policy. But, I would agree that having such a policy does not violate current law.
You believe that a private event on municipal property can outright ban LTC holders from carrying? Why would that be legal?