I'm also not forgetting that we're friends here...And that the path we are taking always leads to better understanding...
I'm never always right, and then again, I better not always be wrong...
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Return to “Possible Effective Notice Not Conforming to 30.06”
- Tue Mar 14, 2006 1:20 pm
- Forum: General Texas CHL Discussion
- Topic: Possible Effective Notice Not Conforming to 30.06
- Replies: 32
- Views: 3799
- Tue Mar 14, 2006 1:17 pm
- Forum: General Texas CHL Discussion
- Topic: Possible Effective Notice Not Conforming to 30.06
- Replies: 32
- Views: 3799
I believe I have always understood it to be that way...
So if y'all can understand that I (and others) am not going to a place where they are covered by the 51% and be carrying a firearm at the same time...We got that covered...
And the same applies to establishments that post that 30.06, for which I secure the firearm, if I have to go in to the facility...Which is a rarity that I go to places like that in the first place...
I'm only doing so because I am never going to put myself in a situation where I am going to break the law, intentionally or unintentionally...Nor would I recommend someone to do so...
I may (may) recommend someone to consider a "work around", not a violation, but consider a way to legally wrap around a situation that allows them to keep as positive a control over a firearm as possible...(i.e.: lock it in your vehicle) And however much a risk to you you evaluate that to be, its your choice...
The drinking issue is a separate issue than the restriction in a facility...
One is about impairment and judgement, the other is a political/trust issue...
I will always side with the intent to reduce the risks associate with products that impair, and I will do what I can legally to remove the restrictions based upon a political agenda, that restrict our freedom just because a minority of people do not trust us...
So if y'all can understand that I (and others) am not going to a place where they are covered by the 51% and be carrying a firearm at the same time...We got that covered...
And the same applies to establishments that post that 30.06, for which I secure the firearm, if I have to go in to the facility...Which is a rarity that I go to places like that in the first place...
I'm only doing so because I am never going to put myself in a situation where I am going to break the law, intentionally or unintentionally...Nor would I recommend someone to do so...
I may (may) recommend someone to consider a "work around", not a violation, but consider a way to legally wrap around a situation that allows them to keep as positive a control over a firearm as possible...(i.e.: lock it in your vehicle) And however much a risk to you you evaluate that to be, its your choice...
The drinking issue is a separate issue than the restriction in a facility...
One is about impairment and judgement, the other is a political/trust issue...
I will always side with the intent to reduce the risks associate with products that impair, and I will do what I can legally to remove the restrictions based upon a political agenda, that restrict our freedom just because a minority of people do not trust us...
- Tue Mar 14, 2006 12:33 pm
- Forum: General Texas CHL Discussion
- Topic: Possible Effective Notice Not Conforming to 30.06
- Replies: 32
- Views: 3799
Oh, ok, so it has still been the combo deal all along...txinvestigator wrote:No, actually if they derive more than 51% of their income from the SALE of alcoholic beverages for on-premises comsumption.stevie_d_64 wrote:There would be no use for a 51% sign at a hospital as the use of that sign is intended only for businesses that derive more than 51% profits from the "on-premises" consumption of alcohol...
Not the sale, but the on-premises consumption...
(1) on the premises of a business that has a permit or
license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic
Beverage Code, if the business derives 51 percent or more of its
income from the sale or service of alcoholic beverages for on-premises
consumption, as determined by the Texas Alcoholic Beverage
Commission under Section 104.06, Alcoholic Beverage Code;
I guess I have never been worried about violating this particular portion of the code...
I only drink socially at home, so I don't go to bars or clubs anymore, and thought that it was gauged on the on-premises consumption, and obviously they would sell that stuff...Its not free...
But just purely sales would indicate that liquor stores might be off-limits as well...But that would be wrong...
I thought the intent of the law was to reduce the chances of alcohol consumption by a licencee in a bar or club, which their purpose and object was to sell it for on-site consumption...Certainly we do not drink and drive, carry firearms, operate heavy equipment etc etc while intoxicated...
If you go someplace (liquor/grocery store), and buy the alcohol, and take it somewhere else to consume (i.e. home, office, party, park etc etc) thats different, because at that point you are required to adhier to a different condition or obligation to not become intoxicated and "also" be in control of a vehicle or firearm or other device which might not be a good idea for you to be associated with while drinking...
Thats why I did not associate the "sale" in that manner you state...Sale is obviously applied to on-site consumption in certain venues...And I believe the intent was not to apply to businesses that sell it for off-site consumption...
Example:
If I am out and about looking for that last bottle of wine/champagne on New Years eve...And I go to the corner liquor store, I am carrying a firearm for some silly reason, and I buy a bottle and take it home...I don't see a foul in that...Per what I understood the law to mean...
I doubt the fact that my carrying a concealed firearm, and having an un-opened, un-consumed case of beer, bottle of wine, etc etc with me (in my hand, car, home, hotel room, etc etc) purchase (sold to me) is illegal and violating any part of that statute...
I think they simply don't want you going to an establishment thats purpose is solely to sell alcohol to drink and becoming impared on "their" premises...
Thats why I think most Texas restaurants (that have a bar in them) don't fall into the 51% catagory...
I think Texas was wise to do it like this...Some states don't specify, therefore if the restaurant has a bar, guess what?
I think we both come up with the same conclusion, however we interpret the law...
Its bad to carry a gun and drink...ok...I won't...
- Mon Mar 13, 2006 8:39 pm
- Forum: General Texas CHL Discussion
- Topic: Possible Effective Notice Not Conforming to 30.06
- Replies: 32
- Views: 3799
There would be no use for a 51% sign at a hospital as the use of that sign is intended only for businesses that derive more than 51% profits from the "on-premises" consumption of alcohol...
Not the sale, but the on-premises consumption...
So bars/clubs that strickly serve alcohol are pretty much your 51% sign candidates...
Those hospitals are the ones that must comply with the 30.06 statute in language, contrast and size to be considered legally posted to restrict us from carrying inside the facility, and that means inside, not the parking lot...
That last part has been a real battle to try and get ironed out...
And not all hospitals post...I've not seen one at any entrance to S.E. Memorial in my nieghborhood...Nor at Ben Taub, or Herman...
The only hospital I know that has it posted is Bayshore in Pasadena...
Not the sale, but the on-premises consumption...
So bars/clubs that strickly serve alcohol are pretty much your 51% sign candidates...
Those hospitals are the ones that must comply with the 30.06 statute in language, contrast and size to be considered legally posted to restrict us from carrying inside the facility, and that means inside, not the parking lot...
That last part has been a real battle to try and get ironed out...
And not all hospitals post...I've not seen one at any entrance to S.E. Memorial in my nieghborhood...Nor at Ben Taub, or Herman...
The only hospital I know that has it posted is Bayshore in Pasadena...
- Mon Mar 13, 2006 5:00 pm
- Forum: General Texas CHL Discussion
- Topic: Possible Effective Notice Not Conforming to 30.06
- Replies: 32
- Views: 3799
BTW, Hickeroar, txinvestigator is correct...
But do you want to take that ride, if someone does discover you are carrying where you shouldn't, and then hope you have competent representation and hope they can get you off on a technicality...
I wouldn't want you to have to go through that...Or take the risk...
I know most of this restrictive stuff stinks...I am so with you on that its not funny...
I may be I'm more confused than you, but I do think I understand what you're trying to figure out...
But do you want to take that ride, if someone does discover you are carrying where you shouldn't, and then hope you have competent representation and hope they can get you off on a technicality...
I wouldn't want you to have to go through that...Or take the risk...
I know most of this restrictive stuff stinks...I am so with you on that its not funny...
I may be I'm more confused than you, but I do think I understand what you're trying to figure out...
- Mon Mar 13, 2006 4:51 pm
- Forum: General Texas CHL Discussion
- Topic: Possible Effective Notice Not Conforming to 30.06
- Replies: 32
- Views: 3799
Hickeroar...
Lets take a step back here for a second...Lets keep the 51% signage issue on the back burner, ok?
Lets make sure we are talking only about the situation where your mother-in-law works...In a hospital, where there are 30.06 signs posted at the entrances...
And that you visit on a somewhat frequent basis, correct???
I think you got the idea on what and how the 30.06 sign should look like and where it should be posted...
Obviously the simplest thing is that you have noticed that they (the hospital) have posted it...Thats good that you noticed it...
I think the simplest thing to do is honor the intent of that posting, regardless if it is technically correct or not...And stay away from the argument that if its concealed, whats the harm? I've seen this conversation go that way as well...
I think the simplest thing to do to keep everyone on the straight and narrow is to do what I hate to do, but to keep from getting into trouble...Lets lock that baby up in your vehicle, and not take it into the hospital...
I hate to suggest that, even if some think I am wrong...But if anything the good in this is that you are being very aware to these things, and that in my opinion is a tremendous advantage you have...
You probably won't run into these situations very often, but when you do, you'll know what to do...
Heck I do it (disarm) all the time...Even though I try to avoid places where I have to...I don't like it, and I do question it...And its ok to feel that way...You're in good company...
That whole 51% thing...Lets talk about that later...Lets get this thing ironed out for you, ok?
Lets take a step back here for a second...Lets keep the 51% signage issue on the back burner, ok?
Lets make sure we are talking only about the situation where your mother-in-law works...In a hospital, where there are 30.06 signs posted at the entrances...
And that you visit on a somewhat frequent basis, correct???
I think you got the idea on what and how the 30.06 sign should look like and where it should be posted...
Obviously the simplest thing is that you have noticed that they (the hospital) have posted it...Thats good that you noticed it...
I think the simplest thing to do is honor the intent of that posting, regardless if it is technically correct or not...And stay away from the argument that if its concealed, whats the harm? I've seen this conversation go that way as well...
I think the simplest thing to do to keep everyone on the straight and narrow is to do what I hate to do, but to keep from getting into trouble...Lets lock that baby up in your vehicle, and not take it into the hospital...
I hate to suggest that, even if some think I am wrong...But if anything the good in this is that you are being very aware to these things, and that in my opinion is a tremendous advantage you have...
You probably won't run into these situations very often, but when you do, you'll know what to do...
Heck I do it (disarm) all the time...Even though I try to avoid places where I have to...I don't like it, and I do question it...And its ok to feel that way...You're in good company...
That whole 51% thing...Lets talk about that later...Lets get this thing ironed out for you, ok?
- Mon Mar 13, 2006 3:58 pm
- Forum: General Texas CHL Discussion
- Topic: Possible Effective Notice Not Conforming to 30.06
- Replies: 32
- Views: 3799