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2 men accused of having guns in cars outside club
Posted: Tue Jul 02, 2013 1:02 pm
by E.Marquez
http://m.kdhnews.com/news/crime/men-acc ... 0f31a.html" onclick="window.open(this.href);return false;
2 men accused of having guns in cars outside club
Since when is the parking lot of a club statutorily off limits to a weapon?
What am I missing here?
Re: 2 men accused of having guns in cars outside club
Posted: Tue Jul 02, 2013 1:07 pm
by fickman
The officer shined a flashlight through the windows of vehicles parked at the club and found two cars that had handguns in plain view, the arrest affidavits stated.
There ya' go!
Re: 2 men accused of having guns in cars outside club
Posted: Tue Jul 02, 2013 1:11 pm
by xb12s
Does a firearm have to be concealed under MPA? I don't know the answer to this. I'm not sure if the answer is different in the parking lot of a club. I guess a club could be private property and the parking lot could be posted however? They said "licensed premises". Usually premises is reserved for buildings...
Re: 2 men accused of having guns in cars outside club
Posted: Tue Jul 02, 2013 1:16 pm
by RPBrown
xb12s wrote:Does a firearm have to be concealed under MPA? I don't know the answer to this. I'm not sure if the answer is different in the parking lot of a club. I guess a club could be private property and the parking lot could be posted however? They said "licensed premises". Usually premises is reserved for buildings...
Yes it has to be concealed
Re: 2 men accused of having guns in cars outside club
Posted: Tue Jul 02, 2013 1:31 pm
by E.Marquez
RPBrown wrote:xb12s wrote:Does a firearm have to be concealed under MPA? I don't know the answer to this. I'm not sure if the answer is different in the parking lot of a club. I guess a club could be private property and the parking lot could be posted however? They said "licensed premises". Usually premises is reserved for buildings...
Yes it has to be concealed
Yup I was reading on phone and missed that part.
I understood the plain view and was just thinking it was mistake with the statute and premises deal
The article made it sound like the issue was gun and bar premisise ... Not just unconcealed under mpa
Re: 2 men accused of having guns in cars outside club
Posted: Tue Jul 02, 2013 1:32 pm
by Keith B
The parking lot of a club may be off-limits for a CHL holder if the club is 51%. However, MPA should cover the gun IF they keep the gun covered.

Re: 2 men accused of having guns in cars outside club
Posted: Tue Jul 02, 2013 1:33 pm
by texanjoker
What fool is going to leave their handgun lying in a locked car in plain view?
Re: 2 men accused of having guns in cars outside club
Posted: Tue Jul 02, 2013 1:33 pm
by anygunanywhere
texanjoker wrote:What fool is going to leave their handgun lying in a locked car in plain view?
Those two?
Anygunanywhere
Re: 2 men accused of having guns in cars outside club
Posted: Tue Jul 02, 2013 1:37 pm
by E.Marquez
Keith B wrote:The parking lot of a club may be off-limits for a CHL holder if the club is 51%. However, MPA should cover the gun IF they keep the gun covered.

Parking lot ??? How is a parking lot covered by a liquid license (51%) issued for the club?
Re: 2 men accused of having guns in cars outside club
Posted: Tue Jul 02, 2013 1:46 pm
by Keith B
E.Marquez wrote:Keith B wrote:The parking lot of a club may be off-limits for a CHL holder if the club is 51%. However, MPA should cover the gun IF they keep the gun covered.

Parking lot ??? How is a parking lot covered by a liquid license (51%) issued for the club?
See this post from our resident expert srothstein
http://texaschlforum.com/viewtopic.php? ... 1&#p815101" onclick="window.open(this.href);return false;
Re: 2 men accused of having guns in cars outside club
Posted: Tue Jul 02, 2013 1:47 pm
by fickman
"Premises" is defined as a building. Unless the parking lot is gated or posted at the entrance, I believe the visible firearm is the only problem here. The officers or journalist may be mistaken in their understanding of premises.
Of course, this assumes the suspects aren't felons, otherwise prohibited from owning a firearm, or were fond in possession of other things that make the firearm illegal.
Re: 2 men accused of having guns in cars outside club
Posted: Tue Jul 02, 2013 1:51 pm
by fickman
Keith B wrote:E.Marquez wrote:Keith B wrote:The parking lot of a club may be off-limits for a CHL holder if the club is 51%. However, MPA should cover the gun IF they keep the gun covered.

Parking lot ??? How is a parking lot covered by a liquid license (51%) issued for the club?
See this post from our resident expert srothstein
http://texaschlforum.com/viewtopic.php? ... 1&#p815101" onclick="window.open(this.href);return false;
I agree that it might be part of the "licensed property", but leaving the firearm concealed in the vehicle at such a location would not be a violation.
Re: 2 men accused of having guns in cars outside club
Posted: Tue Jul 02, 2013 1:55 pm
by ricor
Many times people are stopped from leaving the licensed establishment with alcohol. Would that not mean that the license does not extend to the parking lot? Just a thought.
Re: 2 men accused of having guns in cars outside club
Posted: Tue Jul 02, 2013 1:56 pm
by Keith B
fickman wrote:Keith B wrote:E.Marquez wrote:Keith B wrote:The parking lot of a club may be off-limits for a CHL holder if the club is 51%. However, MPA should cover the gun IF they keep the gun covered.

Parking lot ??? How is a parking lot covered by a liquid license (51%) issued for the club?
See this post from our resident expert srothstein
http://texaschlforum.com/viewtopic.php? ... 1&#p815101" onclick="window.open(this.href);return false;
I agree that it might be part of the "licensed property", but leaving the firearm concealed in the vehicle at such a location would not be a violation.
Did you read my part that you quoted? I said, MPA covers it if the gun stays covered. But you can't carry on the parking lot if it is part of the licensed premises.
Re: 2 men accused of having guns in cars outside club
Posted: Tue Jul 02, 2013 1:57 pm
by Keith B
ricor wrote:Many times people are stopped from leaving the licensed establishment with alcohol. Would that not mean that the license does not extend to the parking lot? Just a thought.
It depends on how TABC has established their license and the defined area of the bar. The parking lot MAY be part of the licensed premises, and then it may not. If the property is wholly owned by the bar, then possible. If it is a resturant in a mall area for instance, then it may not be.