Thread: Open carry of rifles in bars
It is not against the law to carry rifles in places that are licensed to sell alcohol. There's the misconception that it is illegal because of the TABC required signage at businesses that states the "possession of a weapon" instead of "possession of a handgun" is illegal. There's not one Penal Code offense or Alchoholic Beverage Code offense for carrying rifles in places that serve or sell alcohol.
I wasn't specific on the wording because you have the 51% sign which states licensed or unlicensed, than you have the Unlicensed possession sign for restaurants that derive less than 50% of their revenues from alcohol and also for retailers that sell for off premise consumption and than you have a garden variety of old signs which are not the currently required signs as per TABC and they all use a different language. The bottom line is what is the offense? None. The offense is carrying a handgun not a weapon or firearms as the signs state.
The blue sign needs to read "the unlawful possession of a weapon" and the red sign needs to read "carrying of a handgun under the authority of a carry license and/or the unlawful possession of a weapon"
Both signs are lies.
Jack! I'm talking about apples and you're talking about oranges.... the bottom line is that it is not illegal to carry open or concealed a rifle or shotgun in a place that serves or sells alcohol! Do you disagree with that?
I didn't disagree with anything. I was pointing out that it's not illegal to carry a handgun into places that sell or serve alcohol. It's only illegal to do so unlawfully.
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The sign reads:
possession of a
weapon on these
premises is a
felony with a
of 10 years
a fine not to
Texas Alcoholic Beverage Commission
P.O. Box 13127 - Austin, Texas 78711-3127
TOLL FREE 1 - 888 - THE - TABC
The content of the sign is factually incorrect, you will not be in violation of any Texas penal code by carrying a weapon on the premises unlicensed.
HOWEVER, per TABC RULES, the TABC licensee cannot allow you to carry on the premises or they are subject to having their license revoked. So if you OC a long gun, and the licensee allows you to carry on the premises, you will not be in violation of the law, but they can and probably will have their license revoked.
Edit: On lunch and don't have time to cite but I will try to add it later.
Last edited by stealthyeliminator; 06-03-2014 at 12:49 PM.
Righteous government, or the righteous lack thereof, is the product of a righteous society, not the producer of it.
Alcoholic Beverage Code 11.61 (e) states:
(e) Except as provided by Subsection (f) or (i), the commission or administrator shall cancel an original or renewal permit if it is found, after notice and hearing, that the permittee knowingly allowed a person to possess a firearm in a building on the licensed premises. This subsection does not apply to a person:
(1) who holds a security officer commission issued under Chapter 1702, Occupations Code, if:
(A) the person is engaged in the performance of the person's duties as a security officer;
(B) the person is wearing a distinctive uniform; and
(C) the weapon is in plain view;
(2) who is a peace officer;
(3) who is a permittee or an employee of a permittee if the person is supervising the operation of the premises; or
(4) who possesses a concealed handgun the person is licensed to carry under Subchapter H, Chapter 411, Government Code, unless the person is on the premises of a business described by Section 46.035(b)(1), Penal Code.
(f) The commission may adopt a rule allowing:
(1) a gun or firearm show on the premises of a permit holder, if the premises is owned or leased by a governmental entity or a nonprofit civic, religious, charitable, fraternal, or veterans' organization;
(2) the holder of a permit for the sale of alcoholic beverages for off-premises consumption to also hold a federal firearms license; or
(3) the ceremonial display of firearms on the premises of the permit holder.
In other words you are correct about the licensee getting his license messed with for allowing you in.
And what Count said. It's required by law for those places to lose their license.