51% question

[witchdoctor575]

I occasionally work in bars and clubs after hours when NO ONE is there. question here is, what are the legal ramifications of carrying while I am working at a 51% place after hours and by my lonesome? I kinda feel exposed at midnight without my sidearm.

[koolaid]

I'm not a lawyer, but this could potentially apply to you depending on your job duties?

Sec. 46.02. UNLAWFUL CARRYING WEAPONS. (a) A person commits an offense if he intentionally, knowingly, or recklessly carries on or about his person a handgun, illegal knife, or club.
..
(b) It is a defense to prosecution under this section that the actor was, at the time of the commission of the offense:
..
(8) [added 9/1/95] a holder of an alcoholic beverage permit or license or an employee of a holder of an alcoholic beverage permit or license if the actor is supervising the operation of the permitted or licensed premises.

Of course it says it is a defense to prosecution which I imagine means that you would have to tell it to a judge, and I believe it would be a felony charge because of:

(f) An offense under this section is a felony of the third degree if the offense is committed on any premises licensed or issued a permit by this state for the sale of alcoholic beverages.

I would talk to a lawyer before risking it.

[witchdoctor575]

well, my job is servicing fire equipment at places of business, so I do not hold a alcohol license. I guess it is prolly one of those things that the LETTER of the law would be against me. I am fairly certain that the SPIRIT of the law is to prevent altercations involving guns when liquor is in the mix, but I don't have the money for a lawyer to set a court precedent. but on the other hand, if I were in a really bad part of houston that late at night.... i might risk it. IDK. might be better to be alive and in trouble than dead. lets face it, If I am there alone, no one will know....except a bad guy.

[Dan20703]

Do you service the equipment when the business is not open and not selling alcoholic beverages? The 51% restiction may not apply in this case. Best to check with a lawyer. Personaly I would carry concealed and be quiet about it.

[Bart]

The law doesn't seem to care if the bar is open or not. Even 9am Sunday morning it's a 51% premises. However there is the defense to prosecution if they don't post the required signs and concealed is concealed.

[Keith B]

I am not a lawyer, but since there is nothing stating open or closed for business, so by the letter of the law, it is off limits for carry IMO.

[stealthcrf]

If you are the ONLY one there then that property is temporarily "under your control" as you control access to the property.

[witchdoctor575]

If you are the ONLY one there then that property is temporarily "under your control" as you control access to the property.

see.... that's kinda what I think. since I am a service company operating after hours... I need to talk to a DA or something. I am not worried about getting caught carrying.... I am worried if I ever have an "encounter" what happens afterward.

[roberts]

You probably can't carry a handgun but there are other options that aren't prohibited in 46.035.

[Trinitite]

http://www.onesourcetactical.com/index. ... rodID=1512" onclick="window.open(this.href);return false;

[C-dub]

If you are really the only one there, does that mean you have keys to the place(s)? This seems interesting since the bartender/owner can have a gun. I wonder what Charles' or Steve's opinion is on this.

[srothstein]

My opinion is that he is in control of the premises if he is the only one there, and as a contractor or employee he is an agent of the licensee. Under the Alcoholic Beverage Code and TABC rules, he meets the definition of employee in control and could legally carry there. Whether the bar owner knows and permits it is a completely separate argument.

[witchdoctor575]

yes, on occasion when my work mandates extended after hours, the manager will leave me keys and I will lock up when finished. very rare event for me to do this at a 51% location but it does happen. most of the jobs like this are just standard restaurants and I carry no problem.