TexasCHLforum.com

Keith B wrote:

Glockster wrote: This does make me rather curious about something - will the ride always "win?" Meaning, you see as you describe it, a 51% sign posted, and you decide to stop and then/there check the signage with TABC and are able to confirm that the sign is wrong....so after proceeding past the sign, you are stopped by a LEO and LEO then (somehow) knows you are CC, is it likely that the LEO is going to be willing to also check TABC? Maybe another way to ask this is in general would a LEO here know about the TABC lookup ability and then let you go? I recognize that actual mileage varies on this with some LEOs perhaps being more willing to listen, etc. But as unusual, your answers always educate me as a newbie to TX and I wonder if anyone has experienced a LEO willing to check it out....first, as in before the ride.

That would be a battle for a lawyer if they try to prosecute. They really couldn't make any charges stick because you have not broken any law by carrying past an invalid sign in into a permissible location. So, you might get arrested, charged with what they think is a valid charge, then the charges would have to be dismissed because they were invalid. At that point you could go back against the department for false arrest and probably get some restitution, but probably not until you have spent money with your lawyer fighting the invalid charges.

Makes sense and hope I never have to make that decision. Thanks!

Keith B wrote:

rc-mike wrote:Hello Everyone,

I've been lurking for a while, but now I need to ask a question so I've come out of my nice dark lurking corner.

If a business has posted a Red 51% sign, but TBAC says the business is really a Blue sign. Can you carry anyway? I realize in most cases you won't know this unless you've researched it... but it made me think. Is the law to carry past the sign or to carry into a 51% establishment? Also... now that I've thought about it. If they've posted the blue sign in error can you get in trouble for carrying if you didn't know they were a 51% establishment?

Thank you for any enlightenment.

-Mike-

If the location is not really a 51% location per the TABC, then yes, you may legally carry past a improperly posted 51% sign. Now, on the other hand, if a business IS 51% per the TABC, and they have the blue 'Unlicensed possession' sign posted, then you legally can't carry in the venue. However, since you may not know it really was a 51% location due to the wrong sign being posted, you have a defense to prosecution if arrested for it.

This does make me rather curious about something - will the ride always "win?" Meaning, you see as you describe it, a 51% sign posted, and you decide to stop and then/there check the signage with TABC and are able to confirm that the sign is wrong....so after proceeding past the sign, you are stopped by a LEO and LEO then (somehow) knows you are CC, is it likely that the LEO is going to be willing to also check TABC? Maybe another way to ask this is in general would a LEO here know about the TABC lookup ability and then let you go? I recognize that actual mileage varies on this with some LEOs perhaps being more willing to listen, etc. But as unusual, your answers always educate me as a newbie to TX and I wonder if anyone has experienced a LEO willing to check it out....first, as in before the ride.