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Re: Carry in restaurant with bar...

Posted: Sun Aug 17, 2014 9:53 pm
by Jumping Frog
CHLLady wrote:Ugh! Lesson learned, call when in doubt. :grumble
Never call a business. Just as likely to get them considering whether they want guns or not, whereas before most businesses haven't even considered the issue.

Re: Carry in restaurant with bar...

Posted: Sun Aug 17, 2014 10:34 pm
by ghostrider

Never call a business. Just as likely to get them considering whether they want guns or not, whereas before most businesses haven't even considered the issue.
agreed. no reason to give them the opportunity to make the wrong choice :-)

can't speak for other cities, but I have yet to see a valid 30.06 sign in any Austin restaurant.

where it starts to get fuzzy is a hotel that contains a restaurant with a bar and a separate lounge (read: bar). Its possible the lounge is posted 51% (red sign), but no where else.

Re: Carry in restaurant with bar...

Posted: Sun Aug 17, 2014 10:42 pm
by poppo
LabRat wrote: While it's considered good planning not to drink while carrying a firearm, is there any reason why you would think drinking by a CHL is prohibited?
There is no specific limit to be considered "intoxicated". So while it may not actually be prohibited, it might as well be, since it will end up being a judgment call.

"Texas Penal Code §46.035 states it is unlawful for an individual who is intoxicated to carry a concealed handgun. The Penal Code defines “intoxicated” as not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance in the body."

http://www.txdps.state.tx.us/RSD/CHL/faqs/" onclick="window.open(this.href);return false;

Re: Carry in restaurant with bar...

Posted: Sun Aug 17, 2014 10:50 pm
by CHLLady
SigM4 wrote:
CHLLady wrote:I faced a similar dilemma this past week. I checked the restaurant's website and it said nothing about 30.06. I decide not to carry. Upon entering the restaurant there were no signs at all, not even the "Unlicensed possession" sign. Kicked myself all through dinner. Arrived at sunset, but left at 9 pm. I was not happy going to my vehicle in the dark, even with other passengers, since I was the DD.

Ugh! Lesson learned, call when in doubt. :grumble
Problem with calling is you're now giving them the ability to verbally tell you you can't carry. Why even open that door? My suggestion is to simply show up armed as you normally would. If you see a 30.06 or correct 51% sign you can excuse yourself to go disarm in the car. Usually I'd say not to even frequent such an establishment, but I understand sometimes it can't be helped when with a group.

Bottom line, don't call to ask, most places though not posted would probably tell you you can't carry as a standard response.

So true! I did not consider it. I will follow you guys' advice. Thank you!

Re: Carry in restaurant with bar...

Posted: Sun Aug 17, 2014 10:52 pm
by mojo84
poppo wrote:
LabRat wrote: While it's considered good planning not to drink while carrying a firearm, is there any reason why you would think drinking by a CHL is prohibited?
There is no specific limit to be considered "intoxicated". So while it may not actually be prohibited, it might as well be, since it will end up being a judgment call.

"Texas Penal Code §46.035 states it is unlawful for an individual who is intoxicated to carry a concealed handgun. The Penal Code defines “intoxicated” as not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance in the body."

http://www.txdps.state.tx.us/RSD/CHL/faqs/" onclick="window.open(this.href);return false;

Is and "might as well be" are two different things.

Re: Carry in restaurant with bar...

Posted: Mon Aug 18, 2014 4:26 pm
by poppo
mojo84 wrote:
poppo wrote:
LabRat wrote: While it's considered good planning not to drink while carrying a firearm, is there any reason why you would think drinking by a CHL is prohibited?
There is no specific limit to be considered "intoxicated". So while it may not actually be prohibited, it might as well be, since it will end up being a judgment call.

"Texas Penal Code §46.035 states it is unlawful for an individual who is intoxicated to carry a concealed handgun. The Penal Code defines “intoxicated” as not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance in the body."

http://www.txdps.state.tx.us/RSD/CHL/faqs/" onclick="window.open(this.href);return false;

Is and "might as well be" are two different things.
If the end result is the same, then IMO there is no real difference.

Re: Carry in restaurant with bar...

Posted: Mon Aug 18, 2014 7:41 pm
by gljjt
I use an app on my phone called Spirits Texas. It ties into the TABC database and lists nearby restaurants, stores, etc, along with their license status. Plus ties into Google Maps for street views and directions. Very handy. I use the free version with no issues.

Re: Carry in restaurant with bar...

Posted: Mon Aug 18, 2014 8:15 pm
by MeMelYup
In that kind of a situation watch this. https://m.youtube.com/watch?v=M1u0Byq5Qis" onclick="window.open(this.href);return false;

Re: Carry in restaurant with bar...

Posted: Wed Aug 20, 2014 7:47 pm
by ralewis
gljjt wrote:I use an app on my phone called Spirits Texas. It ties into the TABC database and lists nearby restaurants, stores, etc, along with their license status. Plus ties into Google Maps for street views and directions. Very handy. I use the free version with no issues.
I use it also. Find it very useful.

Re: Carry in restaurant with bar...

Posted: Fri Aug 22, 2014 4:46 pm
by locke_n_load
awesome app guys, saves me some serious time!
FYI, I couldn't find it in the google play store, but searching on a computer showed it and I could install it via that way.

Re: Carry in restaurant with bar...

Posted: Sat Aug 23, 2014 11:54 am
by TresHuevos
gljjt wrote:I use an app on my phone called Spirits Texas. It ties into the TABC database and lists nearby restaurants, stores, etc, along with their license status. Plus ties into Google Maps for street views and directions. Very handy. I use the free version with no issues.
Thanks for the recommendation! I was surprised how few places come up as "No CHL", have you found this app to be accurate?

Re: Carry in restaurant with bar...

Posted: Sat Aug 23, 2014 1:11 pm
by Keith B
TresHuevos wrote:
gljjt wrote:I use an app on my phone called Spirits Texas. It ties into the TABC database and lists nearby restaurants, stores, etc, along with their license status. Plus ties into Google Maps for street views and directions. Very handy. I use the free version with no issues.
Thanks for the recommendation! I was surprised how few places come up as "No CHL", have you found this app to be accurate?
Welcome to the forum. It is as accurate as the TABC online database. They pull the information straight from it. I understand the development was in partnership with the TABC. :thumbs2:

Re: Carry in restaurant with bar...

Posted: Fri Aug 29, 2014 1:08 pm
by GEM-Texas
A follow up - the Central Market in San Antonio has take down its incorrect 51% signs. So to stroke my ego, perhaps my conversation with the manager or other inputs casued this!
:clapping:

Re: Carry in restaurant with bar...

Posted: Fri Aug 29, 2014 5:45 pm
by Dori
poppo wrote:There is no specific limit to be considered "intoxicated". So while it may not actually be prohibited, it might as well be, since it will end up being a judgment call.
That's right. If someone is sufficiently impaired they can be convicted of DWI even with a BAC much lower than 0.08.

Re: Carry in restaurant with bar...

Posted: Sun Aug 31, 2014 11:17 pm
by drjoker
SigM4 wrote:
CHLLady wrote:I faced a similar dilemma this past week. I checked the restaurant's website and it said nothing about 30.06. I decide not to carry. Upon entering the restaurant there were no signs at all, not even the "Unlicensed possession" sign. Kicked myself all through dinner. Arrived at sunset, but left at 9 pm. I was not happy going to my vehicle in the dark, even with other passengers, since I was the DD.

Ugh! Lesson learned, call when in doubt. :grumble
Problem with calling is you're now giving them the ability to verbally tell you you can't carry. Why even open that door? My suggestion is to simply show up armed as you normally would. If you see a 30.06 or correct 51% sign you can excuse yourself to go disarm in the car. Usually I'd say not to even frequent such an establishment, but I understand sometimes it can't be helped when with a group.

Bottom line, don't call to ask, most places though not posted would probably tell you you can't carry as a standard response.
Not a good idea to leave your gun in the car. Thieves are watching the parking lot sometimes. Better to check out the TABC website and the 30.06 website before you go. http://www.texas3006.com
https://www.tabc.state.tx.us/PublicInquiry/Status.aspx