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by Keith B
Mon Nov 11, 2013 10:57 am
Forum: General Texas CHL Discussion
Topic: New Braunfels Wurstfest: GUN SIGN=BLUE
Replies: 35
Views: 9101

Re: New Braunfels Wurstfest: GUN SIGN=BLUE

JALLEN wrote:The surprise at Wurstfest was not the signage but the invocation at the opening ceremony, delivered by the Baptist preacher, amidst public officials, local and state. I thought public prayer was not allowed anymore.

I note that the rev. did decline a pour from the first keg.
Baptist: His keg was in the back of the tent. ;-)
by Keith B
Wed Nov 06, 2013 4:07 pm
Forum: General Texas CHL Discussion
Topic: New Braunfels Wurstfest: GUN SIGN=BLUE
Replies: 35
Views: 9101

Re: New Braunfels Wurstfest: GUN SIGN=BLUE

These temporary venues are a real issue. The problem comes down to what physical area the vendor who is issued the RED license has covered for alcohol consumption in permit. If they have a beer garden area and that is what the license was issued for, then that area would be off limits. If TABC let them get a license that covers all of Wurstfest, then technically you would be in a RED area and illegally carrying. I don't know for sure if TABC will issue multiple vendors a license that overlaps physical areas and covers the entire grounds. If they do, then who trumps who, RED or BLUE?
by Keith B
Mon Nov 04, 2013 5:02 pm
Forum: General Texas CHL Discussion
Topic: New Braunfels Wurstfest: GUN SIGN=BLUE
Replies: 35
Views: 9101

Re: New Braunfels Wurstfest: GUN SIGN=BLUE

dooditsme wrote:This year ('13) the sign is still the same as last year: (51%). The TABC public query site shows a gun license of Blue. I spoke with the Ex. Director of Wurstfest, she informed me that they were in compliance according to the local TABC officer. She also said that regardless of licensing they would not permit firearms on the grounds, (also that she didn't understand how you can walk down the street with a rifle - just showing her view).

I called TABC and was told they would speak with the local officer and contact me tomorrow.

My CHL instructor told me that even if Wurstfest is wrong, displaying a 51% sign demonstrates their intent to keep firearms off of the grounds.

My response to all of this is: I thought the entire purpose of the 30.06, red, and blue signs was to ensure that chl holders weren't guessing about intent or whether a business derived over 51% from alcohol sales.
Welcome to the forum.

30.06 is independent of a 51% or Unlicensed possession sign. A 30.06 is placed by a private property owner to prevent carry by a CHL holder. The signs are not enforceable on government property unless it is a location already statutorily off limits.

The unlicensed possession or 51% signs are required by TABC period. Really not directed at a CHL holder. However, a CHL holder must abide by a valid 51% sign and not carry there. Even the absence of the 51% sign at a 51% location, while a defense to prosecution, it is still an off -limits location.

As for intent, the 51% sign may be an attempt by the Wurstfest people to try and keep CHL's out, but it is more than likely an error and legally they MUST post the proper sign in accordance with their license (<51% or > 51%). And their intent does not serve as a valid notice to not carry. HOWEVER, not sure if Wurstfest is on public or private property, but if private, then the verbal notification you received from the Ex. Director IS valid notification and you cannot carry there. If public, then they cannot prevent you carrying.

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