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by Keith B
Tue Aug 15, 2017 6:45 pm
Forum: General Texas CHL Discussion
Topic: UCW in a 51% location
Replies: 20
Views: 6112

Re: UCW in a 51% location

If he was in control of the bar area (under direction of the lodge president) where they serve alcohol, then he has an exception to the law. Sounds like he should be good to go even if inside.
by Keith B
Fri Aug 04, 2017 4:50 pm
Forum: General Texas CHL Discussion
Topic: UCW in a 51% location
Replies: 20
Views: 6112

Re: UCW in a 51% location

ScottDLS wrote:
WildBill wrote:
nimravus01 wrote:According to the jail that he is in, the charge is PC 46.02 (c)/ Unlawful carrying weapon on alcohol premises. Third degree felony.
Thank you for the post. I will be very interested in the outcome of this case.

If he has a LTC, they will no doubt amend that to 46.035b-1...which is still a felony. I wonder if there was a properly posted 51% sign. If not he will have a Defense to raise.
I agree. People miss the fact that 46.15 states that 46.02 does not apply to a person that is licensed to carry a handgun.
Sec. 46.15. NONAPPLICABILITY.
(b) Section 46.02 does not apply to a person who:
.....
(6) is carrying:
(A) a license issued under Subchapter H, Chapter 411, Government Code, to carry a handgun; and
(B) a handgun:
(i) in a concealed manner; or
(ii) in a shoulder or belt holster;
In this case, 46.035 would kick in. HOWEVER, he could have an out IF he met the conditions of 46.15 here
(7) holds an alcoholic beverage permit or license or is an employee of a holder of an alcoholic beverage permit or license if the person is supervising the operation of the permitted or licensed premises;
......
(A) on the immediate premises where the activity is conducted;
As a member of the lodge, if he was tending bar or one of the people in control of dispensing liquor at the lodge, then he may have a defense.

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