New TABC signs

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dhoobler
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New TABC signs

#1

Post by dhoobler »

The new TABC "blue" sign should clear up questions about the carry of long guns by a LTC holder into a store that sells alcohol.

http://www.tabc.state.tx.us/publication ... eapons.pdf
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mojo84
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Re: New TABC signs

#2

Post by mojo84 »

How does the TABC define weapon?
Note: Me sharing a link and information published by others does not constitute my endorsement, agreement, disagreement, my opinion or publishing by me. If you do not like what is contained at a link I share, take it up with the author or publisher of the content.

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Re: New TABC signs

#3

Post by Taypo »

The Kroger nearest me posted one of these on Jan 1st at the front door. Eliminates the long gun problem quite nicely, I'd say.

NotRPB
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Re: New TABC signs

#4

Post by NotRPB »

Show me where it "settles" anything about "long guns", sharp sticks, knives, chains, or other weapons other than handguns please
Those TABC sections cited put a burden on TABC licensees to post signs, no duty on anyone else is paced by TABC, that would need to be in Penal Code to be a crime.
New Sign , like the old sign, still seems to say "weapon" meaning no Knives, Tear Gas, hickory canes, chains, etc or long guns, but there is nothing in the two TABC sections cited saying that it is illegal for me to carry a long gun, knife etc there, only that places need to post signs.
Sec. 11.041 and 61.11. appear to require ALCOHOL SALES LICENSEES to post a sign putting a burden on them to post a sign, much like I think it was the Texas health and safety code required Hospitals to post signs similar to the 51% signs (without the red 51%), but which did not affect CHLs after the Texas Penal Code 46.03 was updated to require a 30.06 sign at a hospital... since they were NOT 30.06 signs
- NOTICE -
IT IS UNLAWFUL FOR A PERSON
TO CARRY A WEAPON ON
THIS PREMISE UNLESS THE
WEAPON IS A HANDGUN AND THE
PERSON IS LICENSED UNDER
SUBCHAPTER H, CHAPTER 411 OF
THE GOVERNMENT CODE.
11 Texas Alcoholic Beverage Code §§11.041 and 61.11
http://www.statutes.legis.state.tx.us/D ... /AL.11.htm
Sec. 11.041. WARNING SIGN REQUIRED. (a) Each holder of a permit who is not otherwise required to display a sign under Section 411.204, Government Code, shall display in a prominent place on the permit holder's premises a sign giving notice that it is unlawful for a person to carry a weapon on the premises unless the weapon is a handgun the person is licensed to carry under Subchapter H, Chapter 411, Government Code.

(b) The sign must be at least 6 inches high and 14 inches wide, must appear in contrasting colors, and shall be displayed in a conspicuous manner clearly visible to the public. The commission or administrator may require the permit holder to also display the sign in a language other than English if it can be observed or determined that a substantial portion of the expected customers speak the other language as their familiar language.

Added by Acts 1997, 75th Leg., ch. 1261, Sec. 16, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 62, Sec. 9.18, eff. Sept. 1, 1999.

Amended by:

Acts 2013, 83rd Leg., R.S., Ch. 1302 (H.B. 3142), Sec. 1, eff. June 14, 2013.

Acts 2015, 84th Leg., R.S., Ch. 437 (H.B. 910), Sec. 1, eff. January 1, 2016.
http://www.statutes.legis.state.tx.us/D ... /AL.61.htm
Sec. 61.11. WARNING SIGN REQUIRED. (a) Each holder of a license who is not otherwise required to display a sign under Section 411.204, Government Code, shall display in a prominent place on the license holder's premises a sign giving notice that it is unlawful for a person to carry a weapon on the premises unless the weapon is a handgun the person is licensed to carry under Subchapter H, Chapter 411, Government Code.

(b) The sign must be at least 6 inches high and 14 inches wide, must appear in contrasting colors, and shall be displayed in a conspicuous manner clearly visible to the public. The commission or administrator may require the holder of the license to also display the sign in a language other than English if it can be observed or determined that a substantial portion of the expected customers speak the other language as their familiar language.

Acts 1977, 65th Leg., p. 462, ch. 194, Sec. 1, eff. Sept. 1, 1977. Amended by Acts 1985, 69th Leg., ch. 689, Sec. 2, eff. Sept. 1, 1985; Acts 1997, 75th Leg., ch. 1261, Sec. 18, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 62, Sec. 9.20, eff. Sept. 1, 1999.

Amended by:

Acts 2013, 83rd Leg., R.S., Ch. 1302 (H.B. 3142), Sec. 3, eff. June 14, 2013.

Acts 2015, 84th Leg., R.S., Ch. 437 (H.B. 910), Sec. 3, eff. January 1, 2016.


Sec. 61.111. HEALTH RISKS WARNING SIGN. (a) The commission by rule shall require the holder of a license authorizing the sale of beer for on-premises consumption to display a warning sign on the door to each restroom on the licensed premises that informs the public of the risks of drinking alcohol during pregnancy.

(b) The commission's rules shall specify the language of the warning and the size and graphic design of the sign, including font size and type.

Added by Acts 2007, 80th Leg., R.S., Ch. 68 (S.B. 904), Sec. 18, eff. September 1, 2007.
I'm no lawyer, but there's nothing ""cleared up" by the new sign.
Appears to still be legal to carry a knife, chain, long gun, sharp stick, or any other weapon which is not prohibited ...
TEX PE. CODE ANN. § 46.03
http://www.statutes.legis.state.tx.us/D ... /PE.46.htm

Sec. 46.03. PLACES WEAPONS PROHIBITED.

Text of subsection effective until August 01, 2016

(a) A person commits an offense if the person intentionally, knowingly, or recklessly possesses or goes with a firearm, illegal knife, club, or prohibited weapon listed in Section 46.05(a):

(1) on the physical premises of a school or educational institution, any grounds or building on which an activity sponsored by a school or educational institution is being conducted, or a passenger transportation vehicle of a school or educational institution, whether the school or educational institution is public or private, unless pursuant to written regulations or written authorization of the institution;

(2) on the premises of a polling place on the day of an election or while early voting is in progress;

(3) on the premises of any government court or offices utilized by the court, unless pursuant to written regulations or written authorization of the court;

(4) on the premises of a racetrack;

(5) in or into a secured area of an airport; or

(6) within 1,000 feet of premises the location of which is designated by the Texas Department of Criminal Justice as a place of execution under Article 43.19, Code of Criminal Procedure, on a day that a sentence of death is set to be imposed on the designated premises and the person received notice that:

(A) going within 1,000 feet of the premises with a weapon listed under this subsection was prohibited; or

(B) possessing a weapon listed under this subsection within 1,000 feet of the premises was prohibited.

Text of subsection effective on August 01, 2016

(a) A person commits an offense if the person intentionally, knowingly, or recklessly possesses or goes with a firearm, illegal knife, club, or prohibited weapon listed in Section 46.05(a):

(1) on the physical premises of a school or educational institution, any grounds or building on which an activity sponsored by a school or educational institution is being conducted, or a passenger transportation vehicle of a school or educational institution, whether the school or educational institution is public or private, unless:

(A) pursuant to written regulations or written authorization of the institution; or

(B) the person possesses or goes with a concealed handgun that the person is licensed to carry under Subchapter H, Chapter 411, Government Code, and no other weapon to which this section applies, on the premises of an institution of higher education or private or independent institution of higher education, on any grounds or building on which an activity sponsored by the institution is being conducted, or in a passenger transportation vehicle of the institution;

(2) on the premises of a polling place on the day of an election or while early voting is in progress;

(3) on the premises of any government court or offices utilized by the court, unless pursuant to written regulations or written authorization of the court;

(4) on the premises of a racetrack;

(5) in or into a secured area of an airport; or

(6) within 1,000 feet of premises the location of which is designated by the Texas Department of Criminal Justice as a place of execution under Article 43.19, Code of Criminal Procedure, on a day that a sentence of death is set to be imposed on the designated premises and the person received notice that:

(A) going within 1,000 feet of the premises with a weapon listed under this subsection was prohibited; or

(B) possessing a weapon listed under this subsection within 1,000 feet of the premises was prohibited.

(b) It is a defense to prosecution under Subsections (a)(1)-(4) that the actor possessed a firearm while in the actual discharge of his official duties as a member of the armed forces or national guard or a guard employed by a penal institution, or an officer of the court.

Text of subsection effective until August 01, 2016

(c) In this section:

(1) "Premises" has the meaning assigned by Section 46.035.

(2) "Secured area" means an area of an airport terminal building to which access is controlled by the inspection of persons and property under federal law.

Text of subsection effective on August 01, 2016

(c) In this section:

(1) "Institution of higher education" and "private or independent institution of higher education" have the meanings assigned by Section 61.003, Education Code.

(2) "Premises" has the meaning assigned by Section 46.035.

(3) "Secured area" means an area of an airport terminal building to which access is controlled by the inspection of persons and property under federal law.

(d) It is a defense to prosecution under Subsection (a)(5) that the actor possessed a firearm or club while traveling to or from the actor's place of assignment or in the actual discharge of duties as:

(1) a member of the armed forces or national guard;

(2) a guard employed by a penal institution; or

(3) a security officer commissioned by the Texas Private Security Board if:

(A) the actor is wearing a distinctive uniform; and

(B) the firearm or club is in plain view; or

(4) a security officer who holds a personal protection authorization under Chapter 1702, Occupations Code, provided that the officer is either:

(A) wearing the uniform of a security officer, including any uniform or apparel described by Section 1702.323(d), Occupations Code, and carrying the officer's firearm in plain view; or

(B) not wearing the uniform of a security officer and carrying the officer's firearm in a concealed manner.

(e) It is a defense to prosecution under Subsection (a)(5) that the actor checked all firearms as baggage in accordance with federal or state law or regulations before entering a secured area.

(e-1) It is a defense to prosecution under Subsection (a)(5) that the actor:

(1) possessed, at the screening checkpoint for the secured area, a concealed handgun that the actor was licensed to carry under Subchapter H, Chapter 411, Government Code; and

(2) exited the screening checkpoint for the secured area immediately upon completion of the required screening processes and notification that the actor possessed the handgun.

(e-2) A peace officer investigating conduct that may constitute an offense under Subsection (a)(5) and that consists only of an actor's possession of a concealed handgun that the actor is licensed to carry under Subchapter H, Chapter 411, Government Code, may not arrest the actor for the offense unless:

(1) the officer advises the actor of the defense available under Subsection (e-1) and gives the actor an opportunity to exit the screening checkpoint for the secured area; and

(2) the actor does not immediately exit the checkpoint upon completion of the required screening processes.

Text of subsection as amended by Acts 2015, 84th Leg., R.S., Ch. 1001 (H.B. 554), Sec. 1

(f) Except as provided by Subsection (e-1), it is not a defense to prosecution under this section that the actor possessed a handgun and was licensed to carry a concealed handgun under Subchapter H, Chapter 411, Government Code.


Text of subsection as amended by Acts 2015, 84th Leg., R.S., Ch. 437 (H.B. 910), Sec. 46


(f) It is not a defense to prosecution under this section that the actor possessed a handgun and was licensed to carry a handgun under Subchapter H, Chapter 411, Government Code.

(g) An offense under this section is a third degree felony.

(h) It is a defense to prosecution under Subsection (a)(4) that the actor possessed a firearm or club while traveling to or from the actor's place of assignment or in the actual discharge of duties as a security officer commissioned by the Texas Board of Private Investigators and Private Security Agencies, if:

(1) the actor is wearing a distinctive uniform; and

(2) the firearm or club is in plain view.

(i) It is an exception to the application of Subsection (a)(6) that the actor possessed a firearm or club:

(1) while in a vehicle being driven on a public road; or

(2) at the actor's residence or place of employment.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1983, 68th Leg., p. 2962, ch. 508, Sec. 1, eff. Aug. 29, 1983; Acts 1989, 71st Leg., ch. 749, Sec. 2, eff. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 203, Sec. 2.79; Acts 1991, 72nd Leg., ch. 386, Sec. 71, eff. Aug. 26, 1991; Acts 1991, 72nd Leg., ch. 433, Sec. 1, eff. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. 554, Sec. 50, eff. Sept. 1, 1991. Renumbered from Penal Code Sec. 46.04 and amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994. Amended by Acts 1995, 74th Leg., ch. 229, Sec. 3, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 260, Sec. 42, eff. May 30, 1995; Acts 1995, 74th Leg., ch. 318, Sec. 17, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 790, Sec. 17, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 165, Sec. 10.03, 31.01(70), eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1043, Sec. 1, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1221, Sec. 2, 3, eff. June 20, 1997; Acts 1997, 75th Leg., ch. 1261, Sec. 25, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 1060, Sec. 1, 2 eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 1178, Sec. 3, eff. Sept. 1, 2003.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 4B.21, eff. September 1, 2009.

Acts 2015, 84th Leg., R.S., Ch. 437 (H.B. 910), Sec. 46, eff. January 1, 2016.

Acts 2015, 84th Leg., R.S., Ch. 438 (S.B. 11), Sec. 3, eff. August 1, 2016.

Acts 2015, 84th Leg., R.S., Ch. 1001 (H.B. 554), Sec. 1, eff. September 1, 2015.
Sec. 46.02. UNLAWFUL CARRYING WEAPONS. (a) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun, illegal knife, or club if the person is not:

(1) on the person's own premises or premises under the person's control; or

(2) inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the person's control.

(a-1) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun in a motor vehicle or watercraft that is owned by the person or under the person's control at any time in which:

(1) the handgun is in plain view, unless the person is licensed to carry a handgun under Subchapter H, Chapter 411, Government Code, and the handgun is carried in a shoulder or belt holster; or

(2) the person is:

(A) engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic or boating;

(B) prohibited by law from possessing a firearm; or

(C) a member of a criminal street gang, as defined by Section 71.01.

(a-2) For purposes of this section, "premises" includes real property and a recreational vehicle that is being used as living quarters, regardless of whether that use is temporary or permanent. In this subsection, "recreational vehicle" means a motor vehicle primarily designed as temporary living quarters or a vehicle that contains temporary living quarters and is designed to be towed by a motor vehicle. The term includes a travel trailer, camping trailer, truck camper, motor home, and horse trailer with living quarters.

(a-3) For purposes of this section, "watercraft" means any boat, motorboat, vessel, or personal watercraft, other than a seaplane on water, used or capable of being used for transportation on water.

(b) Except as provided by Subsection (c), an offense under this section is a Class A misdemeanor.

(c) An offense under this section is a felony of the third degree if the offense is committed on any premises licensed or issued a permit by this state for the sale of alcoholic beverages.
Sec. 46.05. PROHIBITED WEAPONS. (a) A person commits an offense if the person intentionally or knowingly possesses, manufactures, transports, repairs, or sells:

(1) any of the following items, unless the item is registered in the National Firearms Registration and Transfer Record maintained by the Bureau of Alcohol, Tobacco, Firearms and Explosives or classified as a curio or relic by the United States Department of Justice:

(A) an explosive weapon;
(B) a machine gun;
(C) a short-barrel firearm; or
(D) a firearm silencer;
(2) knuckles;
(3) armor-piercing ammunition;
(4) a chemical dispensing device;
(5) a zip gun; or
(6) a tire deflation device.

Actually, it seems to clear up that long guns are not prohibited, nor are knives, sharp sticks etc, but handguns are, unless the person walking past the blue sign has a license to carry that handgun.... which is the same as it has always been.

That's why people could carry rifles openly at WalMart, until asked to leave under 30.05 at which time if they didn't leave they could be arrested for Trespass.

If I overlooked it, please show me ... I'm no lawyer
I'm no lawyer, but there's nothing "cleared up" by the new sign.
Appears to still be legal to carry a knife, chain, long gun, sharp stick, or any other weapon which is not prohibited Texas Penal Code 46.05 (Prohibited weapons)...to any PLACE they are NOT PROHIBITED Texas Penal Code 46.03 (Places WEAPONS Prohibited)
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mojo84
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Re: New TABC signs

#5

Post by mojo84 »

There's a quite a bit of internet lawyering going on here that isn't going to solve anything. The issue needs to be addressed with TABC and/or the legislature. The problem as I see it, neither of which will be that interested in this particular issue as they must pick there battles. I just don't see this as a battle they will want to take on.

Why is it so important to take rifles or handguns possessed by unlicensed people into places that sell alcohol? Why are we so worried about a TABC licensee having to check for a license if they deem necessary? No more often than it is happening, is this another red herring?
Note: Me sharing a link and information published by others does not constitute my endorsement, agreement, disagreement, my opinion or publishing by me. If you do not like what is contained at a link I share, take it up with the author or publisher of the content.

NotRPB
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Re: New TABC signs

#6

Post by NotRPB »

mojo84 wrote:There's a quite a bit of internet lawyering going on here that isn't going to solve anything. The issue needs to be addressed with TABC and/or the legislature. The problem as I see it, neither of which will be that interested in this particular issue as they must pick there battles. I just don't see this as a battle they will want to take on.

Why is it so important to take rifles or handguns possessed by unlicensed people into places that sell alcohol? Why are we so worried about a TABC licensee having to check for a license if they deem necessary? No more often than it is happening, is this another red herring?
Many Restaurants have blue signs
Sometimes I eat at a restaurant
Some restaurants NOW are putting up 30.06 signs where like Doctor S. Hupp, I have to leave my handgun in the car since I have a license to carry it and the 30.06 sign is addressed to those of us who do.
This means I can carry my concealed rifle, but not a concealed handgun were the blue sign is posted alongside a 30.06


So the TABC sign does not "settle" a long gun question at all, and that's why it may be inportant to carry a concealed rifle where a concealed handgun is prohibited..

The TABC sign isn't "law" it's a sign.
A sign which is linguistically incorrect due to the usage of "weapon" (tactical flashlight, knife. sharp stick, etc etc) instead of handgun.. So unless Tactical Flashlights, and pocket knives are prohibited by a Blue TABC sign then neither would a "long gun" be prohibited by the same sign.

I prefer not to be a "Luby's" type statistic for eating supper, yes, I could eat elsewhere, or I can carry my concealed rifle,
Honestly, I'd probably would eat elsewhere if it posts a 30.06 ... but ... just a mental exercise I suppose. (I suppose it comes with working over 20 years in a law office then retiring... like crossword puzzles... just a mental exercise )
Last edited by NotRPB on Thu Jan 21, 2016 7:25 pm, edited 1 time in total.

NotRPB
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Re: New TABC signs

#7

Post by NotRPB »

mojo84 wrote:How does the TABC define weapon?
Good question

Rather than going to the Code I ran across this
Texas Peace Officer’s Guide
to the
Alcoholic Beverage Code

https://www.tabc.state.tx.us/laws/other ... sGuide.pdf

Pages 34 through 38
Texas Peace Officer’s Guide
34
GUN REGULATIONS
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 person a handgun,
illegal knife, or club.

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 the premises of an alcoholic beverage
establishment.)
Exceptions to Unlawful Carrying of Weapons

[Sections 11.61(e) and 61.71(f)
Alcoholic Beverage Code
,
Section 46.15
Texas Penal Code
]
Alcoholic Beverage Code 35 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 by the
Texas Private Security Bureau, 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 concealed handgun of the same category 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 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.
Texas Peace Officer’s Guide
36
An offense still occurs if the concealed handgun licensee
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.
Unlawful Carrying of Handgun by Concealed Handgun
License Holder

[Section 46.035 Penal Code]
A concealed handgun license holder commits an offense if
the license holder carries a handgun on or about the
license holder’s person under t
he authority of the
concealed handgun law, and intentionally
fails to conceal
displays
the handgun.
A concealed handgun license holder commits an offense
if,
while intoxicated
, the license holder carries a handgun
under the authority of the concealed hand
gun statutes,
regardless of whether the handgun is concealed.
An offense under this section is a Class A misdemeanor
unless the offense is committed 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, in which case the
offense is a third degree felony.
Alcoholic Beverage Cod
e
37
Possession and Sale of Firearms on Licensed
Premises

[Sections 11.61(e), 71.61(f) AB Code, and TABC Rule
16TAC §36.1]
The Commission may adopt a rule allowing:
1.a gun or firearm show on the premises of a license or
permit holder, if the premises is owned or leased b
y a governmental entity or a nonprofit civic, religious,
charitable, fraternal, or veterans’ organization;
2.the holder of a license or permit for the sale of
alcoholic beverages for off-premises consumption to
also hold a federal firearms license; or
3.the ceremonial display of firearms on the premises of
the alcoholic beverage license or permit holder.
Gun Shows
[TABC Rule 36.1]
Alcoholic beverage permittees or licensees may use or allow a portion of the grounds, buildings, vehicles and
appurtenances of their licensed premises for the use of gun shows if they:
1.suspend all sales, complimentary offers and
consumption of all alcoholic beverages during the gun
show including time required for preparation or set-up and dismantling of the gun show; and
2.operate the licensed premises at a facility regularly
used for special functions, directly or indirectly, under
a lease, concession or similar agreement from a
governmental entity or legally formed and duly
Texas Peace Officer’s Guide
38

recognized civic, religious, charitable, and fraternalor veterans’ organization.

Off-Premise Retailers and Gun Sales
[TABC Rule 36.1]
The holder of a retail dealer's off-premise license, a wine and beer retail dealer's off-premise permit, a wine only
package store or package store permit may allow the
sale
or offer for sale firearms at the licensed location if:
1.alcoholic beverages are not being displayed or sold in
any area where firearms are readily accessible or can
be viewed; and
2.the firearms are secure from the general public and
are only accessible by employees of the person or
entity offering the firearms for sale.
Weapons Warning Sign
[Sections 11.
0
41 and 61.11 AB Code]
See page 48
for sign requirements.
Last edited by NotRPB on Thu Jan 21, 2016 7:16 pm, edited 1 time in total.
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mojo84
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Re: New TABC signs

#8

Post by mojo84 »

Why are you now talking about 30.06 signs in this thread? This is about the new TABC sign.

If you'll notice, I also asked about the TABC definition of weapon. I asked out of curiosity and not that I all worked up about it.

The issue is with TABC. I sent them an email asking for clarification, it can be found buried in the Walmart checking LTC thread. They were very direct about their position and that they are obligated to start proceedings to suspend or revoke a TABC licensee's license if they knowingly allow someone to carry on the premises without a license. Whether or not or how a licensee addresses this is up to them.

I posted a link to the police officers guide in the previously mentioned thread. Not sure if it has been updated to consider open carry.
Note: Me sharing a link and information published by others does not constitute my endorsement, agreement, disagreement, my opinion or publishing by me. If you do not like what is contained at a link I share, take it up with the author or publisher of the content.

NotRPB
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Posts in topic: 7
Posts: 1356
Joined: Tue May 05, 2015 8:24 am

Re: New TABC signs

#9

Post by NotRPB »

mojo84 wrote:Why are you now talking about 30.06 signs in this thread? This is about the new TABC sign.

If you'll notice, I also asked about the TABC definition of weapon. I asked out of curiosity and not that I all worked up about it.

The issue is with TABC. I sent them an email asking for clarification, it can be found buried in the Walmart checking LTC thread. They were very direct about their position and that they are obligated to start proceedings to suspend or revoke a TABC licensee's license if they knowingly allow someone to carry on the premises without a license. Whether or not or how a licensee addresses this is up to them.

I posted a link to the police officers guide in the previously mentioned thread. Not sure if it has been updated to consider open carry.
I only brought it up because you asked a "why question" and that was part of the answer.
Blue TABC signs at restaurants where 30.06 signs are also posted don''t exclude concealed long guns, which is what this thread is about, so that answered the question you posed

If anything in the Penal Code ever prohibits it and the TABC refers to that, ok. My sole point is that the "new" signs do not relate to long guns, knives, tactical flashlights or anything other than the 46.02 listed items
Last edited by NotRPB on Thu Jan 21, 2016 7:49 pm, edited 2 times in total.
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mojo84
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Re: New TABC signs

#10

Post by mojo84 »

NotRPB wrote:
mojo84 wrote:Why are you now talking about 30.06 signs in this thread? This is about the new TABC sign.

If you'll notice, I also asked about the TABC definition of weapon. I asked out of curiosity and not that I all worked up about it.

The issue is with TABC. I sent them an email asking for clarification, it can be found buried in the Walmart checking LTC thread. They were very direct about their position and that they are obligated to start proceedings to suspend or revoke a TABC licensee's license if they knowingly allow someone to carry on the premises without a license. Whether or not or how a licensee addresses this is up to them.

I posted a link to the police officers guide in the previously mentioned thread. Not sure if it has been updated to consider open carry.
I only brought it up because you asked a "why question" and that was part of the answer.
Blue TABC signs at restaurants where 30.06 signs are also posted don''t exclude concealed long guns, which is what this thread is about, so that answered the question you posed
So, you are planning to conceal carry a long gun where you're prohibited from carrying a handgun? Not trying to be difficult. Just trying to understand your concern and position.
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Re: New TABC signs

#11

Post by NotRPB »

mojo84 wrote:
So, you are planning to conceal carry a long gun where you're prohibited from carrying a handgun? Not trying to be difficult. Just trying to understand your concern and position.
Not just planning, i do it at doctors office and other places often, I did today at a 30.07 30.06 posted clinic. Why not if it's legal to carry my pepper spray, knife and long gun concealed (and tactical flashlight and tactical pen by Smith & Wesson) in my briefcase? No reason not to, plenty of reason to when terrorists/wackos seek out soft target GunFreeZones.
As I said though I'd just eat elsewhere for TABC blue sign restaurants (If they posted 30.06 too), but if the *only grocery/drug store in town* was posted TABC blue + 30.06 + 30.07 you bet I'd carry my "LEGAL" pepper spray, knife, tactical flashlight and tactical pen by Smith & Wesson and long gun concealed in my briefcase with me.


I'm just trying to reply to the OP
dhoobler wrote:The new TABC "blue" sign should clear up questions about the carry of long guns by a LTC holder into a store that sells alcohol.

http://www.tabc.state.tx.us/publication ... eapons.pdf
The sign isn't the Penal code... not all signs carry the force of law, much like I think it was the Texas health and safety code required Hospitals to post signs similar to the 51% signs (without the red 51%), but which did not affect CHLs , the penalty was for hospitals failing to post signs, not the gub carrier

like TABC can revoke licenses, for not posting signs, not punish carriers
Last edited by NotRPB on Thu Jan 21, 2016 7:51 pm, edited 1 time in total.

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Re: New TABC signs

#12

Post by Taypo »

You take a briefcase with you drug store/grocery shopping?

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Re: New TABC signs

#13

Post by NotRPB »

Taypo wrote:You take a briefcase with you drug store/grocery shopping?
:biggrinjester: "rlol" no, just to clinics/hospitals so far, I don't go to red sign TABC places, but all drug stores/grocery stores/Valero/Stripes gas station convenience stores here are TABC blue sign, and recently HEB & some others posted 30.07 ... but if any had posted 30.06 TOO yes I would
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Re: New TABC signs

#14

Post by mojo84 »

I'm speechless. Nothing to offer here. :shock:
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Re: New TABC signs

#15

Post by NotRPB »

This has all been discussed before: see viewtopic.php?t=72079
Long guns, been legal for hundreds of years, (except in places weapons including "firearms" are prohibited, and the TABC locations, hospitals etc are not listed there in the last couple hundred years that I know of) ...handguns, illegal knives and clubs were regulated in 46.02.


The new blue sign from that link, just clarifies that it does not apply to LTC(CHL) holders with a handgun, and drops the penalty language
from the old sign below

Image
New sign
new sign from link:

- NOTICE -
IT IS UNLAWFUL FOR A PERSON
TO CARRY A WEAPON ON
THIS PREMISE UNLESS THE
WEAPON IS A HANDGUN AND THE
PERSON IS LICENSED UNDER
SUBCHAPTER H, CHAPTER 411 OF
THE GOVERNMENT CODE.

Texas Alcoholic Beverage Code §§11.041 and 61.11
Edited 1/23/2016
Note: the link in the original post above to the "new sign" is now the same as the "old" blue sign again <shrugs> :headscratch :confused5
http://www.tabc.state.tx.us/publication ... eapons.pdf
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