TexasCHLforum.com

C-dub wrote:

puma guy wrote: Yes. I read your entire post. I only responded to your statement pertaining to carrying in a liquor store and the 51% rule which is misleading. Someone may read your post and think they aren't legally allowed to do that if they are licensed which is not true. 51% signs have nothing to do with liquor stores. Adding the information from TABC website explains that a 51% sign has nothing to do with a liquor store and only applies to on premises consumption establishments hopefully may educate someone about when and where they are allowed to carry in establishments that sell and/or serve alcohol. Someone who may read your statement and think they can't carry into a liquor store with an LTC. When you or any one states

it is illegal to bring a firearm into a liquor store under the 51%provision

I will point out that it's incorrect, nothing personal. I wish you all the best

The issue, however, is that JP171 qualified it. It seems that some are not reading what preceded the part quoted above.

JP171 wrote:as the officer understood the law(no matter how wrong) it is illegal to bring a firearm into a liquor store under the 51% provision

I colored the qualifier in blue. The officer incorrectly understood it to be illegal to carry into this store under the 51% law.

JP171 wrote:

puma guy wrote:

JP171 wrote:

C-dub wrote:Okay legal eagles and LEOs. A LEO has the right to disarm us, but is this manner within their rights? If not, how does this not fall into the category of assault? Is it just because it was a LEO? If so, that doesn't seem right.

I kinda agree with you but, as the officer understood the law(no matter how wrong) it is illegal to bring a firearm into a liquor store under the 51%provision he was acting within the color of his authority(again no matter how wrong he was) he it seems possibly chose a different route than arresting and charging the OP by removing the weapon from the OP and the store. Yes his training is apparently substandard or he ignored it and is willfully ignorant and negligent but if he had chosen to call the local PD it would have been more of a pain as well if the local pd agreed with him.

While it is illegal to carry an unlicensed handgun into a liquor store, but it is not illegal to carry if one is LTC - openly or concealed.


From TABC


Off-Premise Retail Establishment

Four signs are required to be posted at an off-premise retail establishment such as a convenience store or grocery store.
•Weapons Warning Sign: It is unlawful to carry a weapon on the premises unless the person is licensed to carry the weapon under the concealed handgun law.
•Consumption Warning Sign: It is a crime (misdemeanor) to consume liquor or beer on these premises.
•Public Information/Complaint Sign - If you have a complaint about the sale or service of alcoholic beverages in this establishment, please contact the Texas Alcoholic Beverage Commission, PO Box 13127, Austin, Texas 78711-3127, or phone 1-888-THE-TABC.
•National Human Trafficking Hotline Number (English and Spanish) - WARNING: Obtaining forced labor or services is a crime under Texas law. Call the national human trafficking hotline: 1-888-373-7888. You may remain anonymous.

The 51% sign pertains to on premises consumption establishments.

On-Premise Retail Establishment

Four signs are required to be posted at an on-premise retail establishment such as a bar or restaurant.
•Weapons Warning Sign - If alcohol sales constitute less than half of gross receipts, the required sign says: "It is unlawful to carry a weapon on the premises unless the person is licensed to carry the weapon under the concealed handgun law." If alcohol sales constitute more than half of gross receipts, the signs have 51% in large red letters superimposed over the warning which notes that possession of a concealed weapon on the premises is a felony.
•Public Information/Complaint Sign - If you have a complaint about the sale or service of alcoholic beverages in this establishment, please contact the Texas Alcoholic Beverage Commission, PO Box 13127, Austin, Texas 78711-3127, or phone 1-888-THE-TABC.
•National Human Trafficking Hotline Number (English and Spanish) - WARNING: Obtaining forced labor or services is a crime under Texas law. Call the national human trafficking hotline: 1-888-373-7888. You may remain anonymous. (Restaurants that hold a Food and Beverage Certificate are exempt from this requirement.)
•Health Risk Warning Sign: Warning of the dangers associated with drinking alcoholic beverages during pregnancy. Visit our Fetal Alcohol Spectrum Disorders page for more information.



https://www.tabc.state.tx.us/laws/sign_requirements.asp

just curious, did you read the parts in parenthesis? I did say he was and is wrong you really didn't need to add to the other 20 posts telling me about it. and no I am not specifically picking on you Puma just tired of being told that I am wrong about 40 gazillion times when I said he was wrong in my post in the first place

it is illegal to bring a firearm into a liquor store under the 51%provision

JP171 wrote:

C-dub wrote:Okay legal eagles and LEOs. A LEO has the right to disarm us, but is this manner within their rights? If not, how does this not fall into the category of assault? Is it just because it was a LEO? If so, that doesn't seem right.

I kinda agree with you but, as the officer understood the law(no matter how wrong) it is illegal to bring a firearm into a liquor store under the 51%provision he was acting within the color of his authority(again no matter how wrong he was) he it seems possibly chose a different route than arresting and charging the OP by removing the weapon from the OP and the store. Yes his training is apparently substandard or he ignored it and is willfully ignorant and negligent but if he had chosen to call the local PD it would have been more of a pain as well if the local pd agreed with him.

Keith B wrote:

oohrah wrote:Does your wife have an LTC? If not, the deputy violated the law by giving a gun to an unlicensed person. I would report the ignorant --- in any event.

No he didn't She was in the vehicle and could then conceal the gun under MPA.

That said, he was totally out of line the way he handled the situation. I would file a nice, but sternly written formal complaint with the BCSO.