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2013 > Press Release

TABC Press Release
FOR IMMEDIATE RELEASE September 6, 2013
Reminder: "Long guns" prohibited in TABC-licensed businesses.
With the recent publicity surrounding the open carrying of rifles and shotguns, the Texas Alcoholic Beverage Commission (TABC) would like to remind the public of the following:
Although an individual may have the legal authority to openly carry certain firearms in public, a business that is licensed to sell or serve alcoholic beverages is prohibited by state law from allowing rifles or shotguns in the building.
Specifically, Section 11.61(e) of the Alcoholic Beverage Code says that TABC shall, after the opportunity for a hearing, cancel a permit if the permittee knowingly allowed a person to possess a firearm in a building on the licensed premises. There are some exceptions included in this law, including licensed concealed handguns.
If an individual does choose to carry a rifle or shotgun into a TABC-licensed business, the individual is placing the business owner's TABC license at risk. Also remember, a business owner may ask a patron to leave the premises. If the patron refuses, that individual may be subject to criminal trespassing charges under Texas Penal Code Section 30.05.
We ask that Texans, while exercising individual rights, please respect the obligations of business owners under state law.
Contact: Carolyn Beck, Director of Communications, 512-206-3347

Keith B wrote:

mojo84 wrote:

Keith B wrote:TABC is not an issue with 30.07. As long as the location is not 51%, then the 'licensed' possession of a handgun is totally legal and not against TABC rules. That means anyone carrying a handgun, open or concealed, with a license is legal.

Now, the issue with the black powder, long gun, or pre-1899 firearm is that it's not a 'handgun' which is what TABC prohibits if unlicensed. So, carrying anything other than a handgun in a non-51% location is not illegal by law, BUT, it is against TABC rules for the license holder to allow an unlicensed firearm to be on premises, and the license holder can lose their permit if they don't ask the person to leave.

So, there may be some confusion by the license holder on what is and isn't allowed, especially if they had a previous incident with what could be seen as a 'handgun', even though by law it legally is not.

I am having trouble reconciling this comment of yours to your comment in the Wal-Mart thread about this being a "cop-out" on the part of Wal-Mart. It appears to me TABC needs to update their rules to better fit with the new open carry law.

See my reasoning here http://texaschlforum.com/viewtopic.php? ... 0#p1040672

Keith B wrote:TABC is not an issue with 30.07. As long as the location is not 51%, then the 'licensed' possession of a handgun is totally legal and not against TABC rules. That means anyone carrying a handgun, open or concealed, with a license is legal.

Now, the issue with the black powder, long gun, or pre-1899 firearm is that it's not a 'handgun' which is what TABC prohibits if unlicensed. So, carrying anything other than a handgun in a non-51% location is not illegal by law, BUT, it is against TABC rules for the license holder to allow an unlicensed firearm to be on premises, and the license holder can lose their permit if they don't ask the person to leave.

So, there may be some confusion by the license holder on what is and isn't allowed, especially if they had a previous incident with what could be seen as a 'handgun', even though by law it legally is not.