Search found 6 matches

by rotor
Tue Aug 06, 2019 4:53 pm
Forum: The Crime Blotter
Topic: El Paso Walmart Shooting
Replies: 204
Views: 68034

Re: El Paso Walmart Shooting

philip964 wrote: Tue Aug 06, 2019 3:11 pm
imkopaka wrote: Tue Aug 06, 2019 12:03 pm
rotor wrote: Tue Aug 06, 2019 11:38 am TABC signs refers to weapons but long gum is not a weapon.
Correct web site.
https://www.tabc.state.tx.us/laws/other ... sGuide.pdf
How exactly do you figure a rifle or shotgun is not a weapon? :totap:

Clearly a long gum is not a weapon.
Clearly? Mission Impossible has that explosive gum. Hard to use on a small iPhone.
by rotor
Tue Aug 06, 2019 1:26 pm
Forum: The Crime Blotter
Topic: El Paso Walmart Shooting
Replies: 204
Views: 68034

Re: El Paso Walmart Shooting

imkopaka wrote: Tue Aug 06, 2019 12:44 pm
rotor wrote: Tue Aug 06, 2019 12:15 pm
imkopaka wrote: Tue Aug 06, 2019 12:03 pm
rotor wrote: Tue Aug 06, 2019 11:38 am TABC signs refers to weapons but long gum is not a weapon.
Correct web site.
https://www.tabc.state.tx.us/laws/other ... sGuide.pdf
How exactly do you figure a rifle or shotgun is not a weapon? :totap:
I agree but they seem to define weapon as a handgun, illegal knife or club.
Pages 35-36 wrote:Firearms on Licensed Premises
[Sections 11.61(e) and 61.71(f) AB Code]
The Commission shall cancel a retail alcoholic beverage
permit or license if it is found, after notice and hearing, that
the permittee or licensee knowingly allowed a person to
possess a firearm in a building on the licensed premises.

(See “Exceptions” below for instances when a person may
carry a firearm on the premises.
)

Unlawful Carrying of Weapons
[Section 46.02 Texas Penal Code]
A person commits an offense if he intentionally, knowingly, or
recklessly carries on or about his or her person a handgun,
illegal knife, or club. (See § 46.02 Texas Penal Code for full
text.)
An offense under this section is a Class A misdemeanor.
An offense under this section is a third degree felony if the
offense is committed on any premises licensed or issued a
permit by this state for the sale of alcoholic beverages. (See
“Exceptions” below for instances when a person may carry
a firearm on a premises licensed or issued a permit by this
state to sell alcoholic beverages.)

Exceptions to Unlawful Carrying of Weapons
[Sections 11.61(e) and 61.71(f) Alcoholic Beverage Code,
Section 46.15 Texas Penal Code]
Texas Peace Officer’s Guide
36
Sections 11.61(e) and 61.71(f) of the Alcoholic Beverage
Code and Section 46.02 of the Texas Penal Code do not
apply to a person who:
1. holds a security officer commission issued under
Chapter 1702 by the Texas 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. is a peace officer;
3. is an alcoholic beverage licensee or permittee or
employee of a licensee or permittee if the person is
supervising the operation of the premises; or the firearm
is possessed for ceremonial and/or display purposes, if
such firearm is disabled from use as a firearm;
4. possesses a handgun and the person is licensed to
carry;
5. is engaged in an historic reenactment approved by the
Commission and no live ammunition is present; or
6. possesses a concealed handgun inside of or directly
en route to a motor vehicle that is owned by the person
or under the person’s control and the person is not:
a. engaged in criminal activity other than a Class C
misdemeanor traffic or boating violation; or
b. prohibited by law from possessing a firearm; or
c. a member of a criminal street gang as defined in
the Penal Code.
Alcoholic Beverage Code
37
An offense still occurs if the licensee/permittee is on the
premises of a business that has a mixed beverage permit,
a private club registration permit, a wine and beer retailer’s
permit or a beer retailer’s on-premise license if the business
derives 51 percent or more of its income from the sale of
alcoholic beverages for on-premise consumption.
This pretty clearly states that any firearm qualifies unless it is a licensed handgun, police, security detail, etc.
It appears that they can lose their license if they allow firearms but it is only an offense if you carry a handgun and are not ltc holder.

So the definition of weapon for the person carrying appears to be handgun, club or illegal knife.

Interpretation of these laws is confusing to say the least. Way off thread topic. In my interpretation the Wal-Mart could lose their license allowing firearms but the shooter was not in violation carrying a long gun. They do sell long guns at Wal-Mart or at least they used to. They are blue signed and sell firearms.
by rotor
Tue Aug 06, 2019 12:15 pm
Forum: The Crime Blotter
Topic: El Paso Walmart Shooting
Replies: 204
Views: 68034

Re: El Paso Walmart Shooting

imkopaka wrote: Tue Aug 06, 2019 12:03 pm
rotor wrote: Tue Aug 06, 2019 11:38 am TABC signs refers to weapons but long gum is not a weapon.
Correct web site.
https://www.tabc.state.tx.us/laws/other ... sGuide.pdf
How exactly do you figure a rifle or shotgun is not a weapon? :totap:
I agree but they seem to define weapon as a handgun, illegal knife or club.
by rotor
Tue Aug 06, 2019 11:38 am
Forum: The Crime Blotter
Topic: El Paso Walmart Shooting
Replies: 204
Views: 68034

Re: El Paso Walmart Shooting

TABC signs refers to weapons but long gum is not a weapon.
Correct web site.
https://www.tabc.state.tx.us/laws/other ... sGuide.pdf
by rotor
Tue Aug 06, 2019 11:30 am
Forum: The Crime Blotter
Topic: El Paso Walmart Shooting
Replies: 204
Views: 68034

Re: El Paso Walmart Shooting

joe817 wrote: Tue Aug 06, 2019 11:27 am
rotor wrote: Tue Aug 06, 2019 11:11 am

I believe the TABC sign refers to handguns, NOT long guns.
The TABC sign does not distinguish between long guns and handguns. Only "weapons".
I refer you to.
https://www.tabc.state.tx.us/laws/other/TABCRules.pdf
by rotor
Tue Aug 06, 2019 11:11 am
Forum: The Crime Blotter
Topic: El Paso Walmart Shooting
Replies: 204
Views: 68034

Re: El Paso Walmart Shooting

imkopaka wrote: Tue Aug 06, 2019 7:30 am
Oldgringo wrote: Mon Aug 05, 2019 8:19 pm
imkopaka wrote: Mon Aug 05, 2019 6:05 pm
Oldgringo wrote: Mon Aug 05, 2019 3:59 pm
Oldgringo wrote: Sun Aug 04, 2019 11:48 am
Greybeard wrote: Sun Aug 04, 2019 11:46 am Quote: "I've been in Walmarts all over Texars and have never seen a TABC blue sign." Then you have not been to the stores in Lewisville and Highland Village. And/or have not paid much attention in the foyers.
Correct on al counts. I'll look around the next time I go to WALMART.
I was in the big Walmart on 110 in Tyler today and saw NO TABC sign at the entrance.
Then either they are not posting the legally required signs, or you missed it. TABC website says that location has a blue gun sign. See screenshot below:

Image

They should have the following sign posted in English and Spanish:

Image
Hmmm, since it doesn't apply to me, I may have just ignored it, you reckon? :headscratch
Never said it did - but it did apply to the El Paso shooter!
I believe the TABC sign refers to handguns, NOT long guns.

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