TexasCHLforum.com

03Lightningrocks wrote:

LSUTiger wrote:I do best not to carry intentionally into any prohibited places. Sometimes I have caught myself almost about to such a thing. If I would find myself in such a circumstance I would leave immediately and not make anyone aware of it. I would secure the gun in my car (if leaving altogether wasn't warranted).

Once you become comfortable carrying, it becomes second nature to act naturally and you can become complacent of your surroundings (I tend to focus on my situational awareness in terms of threats, escape routes and defensive positions but you should always be aware of your location and the legality of carrying)

However, while I don't encourage doing anything illegal, I have been in situations where common sense and the law differed (not gun related) and common sense won because its was the right thing to do (common sense really saved my skin).

We can go through a million what if scenarios, and conceivabley, although unlikely, there could be situations where you will have to judge the risk of not carrying vs carrying in a prohibited place.

You never no whey you may find yourself in a situation that you didn't plan for and have to choose between the law and saving your self.

Like you, I have walked into legally posted places unintentionally. It is easy to do. I was in a Hotel in Austin for two days before spotting the sign. It was on a entrance door at the main lobby. I had come in through the parking garage and had no idea the place was posted.

Nice post by the way. I agree with it.

jordanmills wrote:

ScottDLS wrote:

srothstein wrote:

03Lightningrocks wrote:

cnovel wrote:i did not read the whole thread,,did a quick search of old threads,,but i am no good at this computer stuff,,,my question is what about a place that has and old unlicensed sign,,or is 51 % but not posted ?

I would carry right on in. Non-Compliant signs don't apply to a CHL holder. The 51% thing is not likely. If it does not have the sign... ... I assume it is not 51%. I can't be held legally in violation if there is no sign. How on earth would I ever know what volume of business is booze with no sign?

Allow me to correct this. The law says it is illegal to carry on a 51% location, as determined by TABC. It does not say that you have to know it is so determined. Fortunately, last session a defense to prosecution was passed if the location is not properly posted. That means you still stand a good chance of getting arrested but you should win in court. It does shift part of the burden of proof to you, in that you must prove your defense. How are you going to prove the sign was not there? I feel confident that it will be there by the time you get bond posted and can get back to take a picture. Your arrest would remind them that they need the sign.

Actually to be really technical, the law says carryng a handgun AT ALL outside of your premises or car is illegal. Having a CHL, or being a LEO, or one of the other (46.15) non-applicability provisions, only provide a Defense to Prosecution. This is per case law according to Chas. So theoretically you risk arrest if you're a cop and carrying, but you should win in court.

Not exactly correct. 46.15(b) says that 46.02 does not apply. Defense to prosecution is not mentioned and is not relevant as there is no offense to prosecute. That covers "common" exceptions such as traveling (2) and hunting (3), along with a CHL (6).

srothstein wrote:

03Lightningrocks wrote:

cnovel wrote:i did not read the whole thread,,did a quick search of old threads,,but i am no good at this computer stuff,,,my question is what about a place that has and old unlicensed sign,,or is 51 % but not posted ?

I would carry right on in. Non-Compliant signs don't apply to a CHL holder. The 51% thing is not likely. If it does not have the sign... ... I assume it is not 51%. I can't be held legally in violation if there is no sign. How on earth would I ever know what volume of business is booze with no sign?

Allow me to correct this. The law says it is illegal to carry on a 51% location, as determined by TABC. It does not say that you have to know it is so determined. Fortunately, last session a defense to prosecution was passed if the location is not properly posted. That means you still stand a good chance of getting arrested but you should win in court. It does shift part of the burden of proof to you, in that you must prove your defense. How are you going to prove the sign was not there? I feel confident that it will be there by the time you get bond posted and can get back to take a picture. Your arrest would remind them that they need the sign.