Reply With QuoteRead up on our prohibited places, then ask questions because you will be confused.
Also don't let anyone know or suspect you're carrying ever....(unless asked by a LEO).
Thread: Texas, Maybe. |
In the near future I might be spending some time out in Texas. I was wondering if I could get the short version of what to expect, what to do and not to do when carrying in yall's state.
Don't believe any facts that I say! This is the internet and it is filled with lies and untruth. I invite you to look up for yourself the basic facts that my arguments might be based upon. This way we can have a discussion where logic and hints on where to find information are what is brought to the forum and people look up and verify facts for themselves.
Read up on our prohibited places, then ask questions because you will be confused.
Also don't let anyone know or suspect you're carrying ever....(unless asked by a LEO).
Everything posted by me should be viewed is hypothetical ONLY. And should not be viewed or understood as my opinion, a suggestion, or recommendation to or not to preform or take any action.
The first question is, Do you have a concealed permit that Texas recognizes?
yes.Originally Posted by flb_78
Don't believe any facts that I say! This is the internet and it is filled with lies and untruth. I invite you to look up for yourself the basic facts that my arguments might be based upon. This way we can have a discussion where logic and hints on where to find information are what is brought to the forum and people look up and verify facts for themselves.
First the federal law, 1000 foot schools zones. Nonresident license are not accepted for this law.
State, No guns in posted 51% "bars". This means 51% of the establishments profits are from alcohol sales. The posted sign is a big "51%".
The Texas No Guns Allowed Sign Must be PC30.06, Look for the PC30.06 at the entrances. Any other sign is not valid, not even the circle with the gun in it.
No carry in bars as per "51%", or in the courthouse.
So,
Look for the 51% sign, the pc30.06 sign, and stay out of school zones.
Bad experience you want to tell us about?
“The claim and exercise of a constitutional right cannot be converted into a crime.”
[Miller vs. U.S., 230 F. Supp. 486, 489 (1956)]
“There can be no sanction or penalty imposed upon one because of his exercise of constitutional rights.”
[Sherar vs. Cullen, 481 F2d. 946 (1973)]
I'm not the person you were asking, but I was once drawn on by a state trooper because he somehow caught a glimpse of the handle of a .38 inside my jacket. Very scary...
Last edited by pooley; 09-20-2011 at 07:43 AM.
Sec. 46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER. (a) A license holder commits an offense if the license holder carries a handgun on or about the license holder's person under the authority of Subchapter H, Chapter 411, Government Code, and intentionally fails to conceal the handgun.(b) A license holder commits an offense if the license holder intentionally, knowingly, or recklessly carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, regardless of whether the handgun is concealed, on or about the license holder's person1) on the premises of a business that has a permit or license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic Beverage Code, if the business derives 51 percent or more of its income from the sale or service of alcoholic beverages for on-premises consumption, as determined by the Texas Alcoholic Beverage Commission under Section 104.06, Alcoholic Beverage Code;(2) on the premises where a high school, collegiate, or professional sporting event or interscholastic event is taking place, unless the license holder is a participant in the event and a handgun is used in the event;(3) on the premises of a correctional facility;(4) on the premises of a hospital licensed under Chapter 241, Health and Safety Code, or on the premises of a nursing home licensed under Chapter 242, Health and Safety Code, unless the license holder has written authorization of the hospital or nursing home administration, as appropriate;(5) in an amusement park; or(6) on the premises of a church, synagogue, or other established place of religious worship.(c) A license holder commits an offense if the license holder intentionally, knowingly, or recklessly carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, regardless of whether the handgun is concealed, at any meeting of a governmental entity.(d) A license holder commits an offense if, while intoxicated, the license holder carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, regardless of whether the handgun is concealed.
It isonly punishable if you intentionally fail to conceal, accidential exposure is not intentional. Printing is not mentioned in the penal code either.
Yes, if I were arrested I could definitely have beaten the charge & had the case dismissed. That still doesn't stop them from hassling/arresting/threatening law-abiding citizens with deadly force because they THINK you're breaking the law. I don't blame the guy personally, but I'd like to think that if the state wants to put my life in the hands of someone on their payroll, that someone should receive the appropriate legal training.
Just to clarify, that's 51% of revenue from alcohol sales for on-premises consumption. That's implied when you say "bars", but someone inevitably pops up to ask, "But what about liquor stores?" Nope, not included -- liquor stores are okay to carry.
Yea, I never thought about explaining that part. We deal with the 51% as Texans but other states address it differently.
Take NM for example. I open carry all over the place in NM, but I cant go into a store that sells beer unless I am concealed and have a CCW. Kinda makes it a pain when you have to fill up the truck and use the restroom.
i have been in a number of bars that doesn't have the 51% sign but insted they have the standard possession wihtout a license one up and they dont have a kitchen so u know that 51% sales is not off just off of potato chips . wonder what kind of legal arguments could come out of a situation like that, don't think that I would want to be the one to push it tho just keep it out of bars anyway
Our ancesters, veterens, and people of the service gave and are giving their time and sacrifice to preserve and defend our rights . it''s up to us the people to show appreciation by not sacrificing but investing time to exercise and preserve those rights.......the bushwacker...
For starters, don't make assumptions about their revenue. True 51% "bars" are illegal in most of Texas, so you would have to know if the local option even allows such licenses. You can look up their license at the TABC website, or you can just ask to see it. If it says "Sign = RED", it's 51%; "Sign = BLUE" is not 51%.
Second, the 51% license is based on revenue as determined by TABC, and might involve things the general public isn't aware of.
Finally, PC 46.035(k) makes it a defense to prosecution that the premises weren't posted with the proper notice required by Government Code 411.204(c): The sign required under Subsections (a) and (b) must give notice in both English and Spanish that it is unlawful for a person licensed under this subchapter to carry a handgun on the premises. The sign must appear in contrasting colors with block letters at least one inch in height and must include on its face the number "51" printed in solid red at least five inches in height. The sign shall be displayed in a conspicuous manner clearly visible to the public.
The local American legion hall has a sign that says licensed and unlicensed carry, concealed or otherwise is prohibited. It's not at the entrance, it's in a window in the front of the building, doesn't say which law prohibits carry. Soooo, anyone know why this is? There was no 51 on the sign. As far as I know, it's not a valid posting even if it's a valid sign. The sign is hard to read and a bit obscured. I had to look up, not much mind you. But I'm also 6'4", I also practically had to put my nose to the glass. It's behind the glass which is dirty and has strong tinting, which is why I had to get close.
The day you all get open carry, I'll buy property and move to Texas with pride
to the OP, I travel often to Texas and CHP the entire time while in Texas. As long as you follow the Texas laws you should be GTG. Handgunlaw.us is a great source of info, always research the laws of the state you are traveling in, adn I would recemend going to that state's official state police web site to get the most up to date info.
stay safe.
"The very atmosphere of firearms anywhere and everywhere restrains evil interference - they deserve a place of honor with all that's good"
-- George Washington
A liquor store in Elgin has a 51% sign. WHAT???? I ignore it. It's not a legal posting because no liquor is consumed in the store.
Will RogersThe thing about common sense is....it ain't too common.
Now and then I travel to Texas... 'vertical shoulder holster under a buttoned jacket. Texas to me is similar to 'no gun' states in that you (I anyway) have more to fear from the law than the bad guys where I go. This is an alien factor to me... I mostly lock the pistol in the glove box when out and about on foot and NEVER mention it or 'talk guns' to anyone.
My AZ lic plate is a dead giveaway that I'm prob'ly armed to Texas LEO's. I don't 'tarry' in Texas as much as I'd like to... but reality is what it is. I have an AZ CWP, but I wish y'all would go OC 'soon'. tho.
It's a minimum of two years and the best chance is probably through the courts, but that doesn't seem likely. :/
Posted using my HTC Evo
Ok, Wish in one hand, crap in the other. I can tell you which will fill up fisrt. Texas will not pass OC till they are forced to. There is a law suit against Illinois (NRA I think) about the right to "BEAR" arms. Maybe that one will do it.
Will RogersThe thing about common sense is....it ain't too common.
You forgot the Defense to prosecution....hint, hint
Sec. 411.204. NOTICE REQUIRED ON CERTAIN PREMISES. (a) A business that has a permit or license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic Beverage Code, and that derives 51 percent or more of its income from the sale of alcoholic beverages for on-premises consumption as determined by the Texas Alcoholic Beverage Commission under Section 104.06, Alcoholic Beverage Code, shall prominently display at each entrance to the business premises a sign that complies with the requirements of Subsection (c).
Take note to where the signs have to be posted as per 411 governernment code. The posting and location is what prohibits a Licensed individual from carrying inside a 51% establishment. If the Signs and posting are not Correct, They Dont Mean Anything.
Do you agree??
Last edited by MR Redenck; 10-04-2011 at 08:51 PM.
Since you quoted me where I quoted the defense to prosecution, then yes: yes, I do agree.You forgot the Defense to prosecution....hint, hint
...
Do you agree??
I have been addressing this subject recently and doing a lot of study on it. I will have some information to share pretty soon. Most of it is based on posting requirements.Since you quoted me where I quoted the defense to prosecution, then yes: yes, I do agree.
It is regretable that Sonora Rebel has such a negative perception of Texas - but I DO understand.
Texas weapons laws - like most all states - are primarily directed towards criminal conduct.
Granted, sorry-ass D.A.'s , & judges misapply, , misconstrue, and misinterpret the INTENT of such laws.
Current statutory law in Texas criminalizes the INTENTIONAL display of a handgun by a "licensee". When I am in Texas I never INTENTIONALLY display my handgun in public.
I make every reasonable effort to conceal same. It is my INTENTION to conceal my handgun when in Texas.
I believe the 46.035 (a) sanction against licensed OC will be repealed in 2013.
Unfortunately, I believe there will be some political resistance to unlicensed (nonexcepted)handgun OC in Texas for some time.
That having been said .......I would submit that how a citizen goes about exercising their constitutionally ( Article 2, Section 23) declared RIGHT in Texas is paramount to public acceptance.
Last edited by rushcreek2; 10-06-2011 at 06:16 PM.
I live in Louisiana an OC Free State. No permit required to OC. I have family in TX., so when I go to visit I must remove my side arm when I get to the State Line.
Pres. Florida Parishes Chapter of LOCAL www.laopencarry.org
"Remember man as you pass by, as you are now, so once was I. As I am now, so you shall be. Prepare for death and follow me."
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