mikeloc wrote:As I understand it in Florida you can carry in a restraunt, but not in the bar section i.e. Red Lobster you can carry on the food side but not in the bar. In Texas you can carry in either section. (Florida you cannot carry in a bar.)
Mike Lochabay
It appears you are correct:
A license shall not authorize any person to carry a concealed weapon or firearm into any place of nuisance, police station, detention facility, courthouse, polling place, meeting of any state, county, municipal, or special district governing body, any school, any professional or school athletic event not related to firearms, portion of an establishment licensed to dispense alcoholic beverages for consumption on the premises, inside the sterile and passenger area of an airport, or any place where the carrying of firearms is prohibited by federal law.
I Thess 5:21
Disclaimer: IANAL, IANYL, IDNPOOTV, IDNSIAHIE and IANROFL
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tbranch wrote:
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.
Tom
This is the problem I'm dealing with. The ice rink where my son plays hockey is posted 51%. There is a small bar area on the second floor that serves alcohol for on site consumption (only in the small bar area upstairs). TABC tells me the license is for the whole building so the whole building is off limits even though drinking is approved in the small area only. There is no way the building gets 51% profit from selling booze.
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.
I guess its kinda like other laws and that famouse quote by most law enforcement "ignorance of the law is no excuse"
dihappy wrote:Unfortunately TABC was less than helpful and even a bit rude when i needed their help once.
Sorry to hear that. If it happens again, you can (and should) complain about it. Our Office of Professional Responsibility handles complaints on all employees, sworn or not. Here is their web page with instructions and details on how to contact them:
Yesterday, I was with a friend who decided to stop in to the liquor store and pick up a beverage. While waiting in the car, I perused all the signs and posters the store had in the front window when the sign below caught my eye. Interesting I thought.... After further inspection, I found no 51% or 30.06 signs anywhere. I don't think I've ever seen or heard of a sign like this before except for maybe in a "Gun Free" zone such as school. So do you think this is improperly posted? This was at Holiday Liquor on I35 and Loop 820 in south Fort Worth.
Yesterday, I was with a friend who decided to stop in to the liquor store and pick up a beverage. While waiting in the car, I perused all the signs and posters the store had in the front window when the sign below caught my eye. Interesting I thought.... After further inspection, I found no 51% or 30.06 signs anywhere. I don't think I've ever seen or heard of a sign like this before except for maybe in a "Gun Free" zone such as school. So do you think this is improperly posted? This was at Holiday Liquor on I35 and Loop 820 in south Fort Worth.
No the sign is not not improperly posted. In fact I believe it is required by the TABC.
A CHL can legally ignore the sign. It has no meaning for us.
Liberty''s Blog
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The "Blue Moon" I was referring to is a microbrewery-style beer made by Coors. Hope that clears up any miscommunication...
