Actually, they aren't. Airport secure areas are subject to state law. That's why everyone caught at DFW gets charged under state law. You may be able to be charged under federal law for evading the screening, but the act of possession in the secure area is TXPC 46.03.Soccerdad1995 wrote:Secured areas of airports are off limits per federal law, so no need to also ban it per state law as that would just be duplicative. Just courtrooms and jails / prisons.AJSully421 wrote:locke_n_load wrote:Or we remove the whole 51% law from Texas Code and public property can stop using this as an anti-gun shield.
There is the answer.
46.03 should be airports, courtrooms (not courthouses, or court offices) and jails / prisons... that's it.
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Return to “No guns allowed at South Texas State Fair”
- Wed Apr 20, 2016 9:49 am
- Forum: Gun and/or Self-Defense Related Political Issues
- Topic: No guns allowed at South Texas State Fair
- Replies: 42
- Views: 7542
Re: No guns allowed at South Texas State Fair
- Fri Mar 25, 2016 11:10 am
- Forum: Gun and/or Self-Defense Related Political Issues
- Topic: No guns allowed at South Texas State Fair
- Replies: 42
- Views: 7542
Re: No guns allowed at South Texas State Fair
There are no "crimes" defined in the TABC code, so they would have to charge you under the Penal Code, 46.035, which doesn't apply...dhoobler wrote:Would a person with a LTC charged with violating a 51% sign be charged under TPC 46.035 or TABC code?
- Fri Mar 25, 2016 8:45 am
- Forum: Gun and/or Self-Defense Related Political Issues
- Topic: No guns allowed at South Texas State Fair
- Replies: 42
- Views: 7542
Re: No guns allowed at South Texas State Fair
Why is this any different than the Texas State Fair in Fair Park? There are many 51% vendors whose permits cover the whole of Fair Park, but the "grounds" are not part of the "premises" as defined in 46.02 or 46.035, so you can legally carry there with a LTC. They can post a 51% sign at the entrance to the park, but it does not "create" a crime that you can be charged with.ELB wrote:They have been noted doing so on this forum in the past. And of course, if the signage is not "bogus," as it appears in this case, then the TABC will not remove it.Abraham wrote:OK.
Do you if the TABC is known for responsive, positive efforts towards removing bogus 51% signage?
- Thu Mar 24, 2016 11:10 am
- Forum: Gun and/or Self-Defense Related Political Issues
- Topic: No guns allowed at South Texas State Fair
- Replies: 42
- Views: 7542
Re: No guns allowed at South Texas State Fair
The premises definition for TABC licensing purposes does not create a crime under which a LTC can be charged, so this is really the same situation as the State Fair. It comes down to "what are you going to do about it if they keep you out"?Keith B wrote:46.035 says
TABC defines premises as the area listed on the license for consumption, so their 'premises' could be the whole fair. 46.035 says 'building or portion of building'. So, there is a major conflict on the 'premises' definition. Because there is no case law on this, you may beat the rap, but not the ride and cab fare in this one.(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;
Best bet is if it's government owned, to try and report it to the AG and get an opinion from them.