The signs don't say weapons aren't allowed. They say the unlicensed possession of a weapon is a felony.
Obviously, the signs don't apply to an AR15, a Kershaw Blur, or a small OC canister. Why? Because carrying those weapons in that location isn't a felony.
P.S. I'm in Texas.
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Return to “How to check if a premise is 51%?”
- Sun Dec 31, 2017 12:48 pm
- Forum: General Texas CHL Discussion
- Topic: How to check if a premise is 51%?
- Replies: 61
- Views: 31687
- Sun Dec 31, 2017 12:14 pm
- Forum: General Texas CHL Discussion
- Topic: How to check if a premise is 51%?
- Replies: 61
- Views: 31687
Re: How to check if a premise is 51%?
I don't follow how it's a misdemeanor to have a rifle in a 51% location.Keith B wrote:Well, I do:Nutcracker wrote:Where does the penal code say that? Please quote chapter and verse of an actual law. Recent posts on this forum show Texas DPS and LTC Instructors don't always teach the actual law.Keith B wrote:I sure hope you are not carrying a rifle or shotgun into a 51% location, as that is a felony to carry a weapon (not handgun) into one.Nutcracker wrote:
Whether they really are 51% or not, the TABC license determines if it's legal for the good guys to carry there. Well, legal to carry handguns, since carrying a rifle or a shotgun is not a crime in 51% establishments. So that's what I do.
Quis custodiet ipsos custodes?
Section 46 of the penal code does not cover anything but a handgun when it comes to firearms being carried into an establishment that sells or serves alcohol. However, you are in violation of penal code 30.05
So, I stand partially corrected that it is not a felony, but is a Class A misdemeanor, to carry into the location with the signs present stating no weapons.Sec. 30.05. CRIMINAL TRESPASS. (a) A person commits an offense if the person enters or remains on or in property of another, including residential land, agricultural land, a recreational vehicle park, a building, or an aircraft or other vehicle, without effective consent and the person:
(1) had notice that the entry was forbidden; or
(2) received notice to depart but failed to do so.
..........
(3) a Class A misdemeanor if:
..........
(C) the person carries a deadly weapon during the commission of the offense.
The signs don't say weapons are prohibited there. They say the unlicensed possession of a weapon is a felony. However, it's NOT a felony to carry a rifle there. So either the signs don't apply to riflemen, or the sign is a lie. Either way, the signs aren't notice that entry with a rifle is prohibited, so 30.05 doesn't apply.