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by pt145ss
Tue Jan 12, 2016 9:30 am
Forum: General Texas CHL Discussion
Topic: walmart asking for chl
Replies: 244
Views: 54044

Re: walmart asking for chl

mojo84 wrote:For those of you that think it is a copout, excuse or up to the TABC agent's attitude or mood, here is the response to my direct email inquiry to TABC. I hope you find this post edifying.
Hello Mojo84,
 
Under Sections 11.61(e) and 61.71(f) of the Alcoholic Beverage Code, TABC is required to begin permit/license cancellation proceedings if it is discovered an unlicensed handgun was brought onto the premises of a licensed/permitted business. This being the case, retailers should make arrangements to verify the License to Carry of anyone who possesses a handgun on their premises. Ultimately, how each business chooses to fulfil this requirement is up to them, but TABC is required by law to begin cancellation proceedings if a violation is found.
Notice it says they are required to begin permit/license cancellation proceedings if it is discovered and unlicensed handgun was brought into the premises.

It also says they do not care how one goes about such verification.

Here is my original email inquiry.
It is my understanding a licensee that has a permit to sell alcohol for off premise consumption can be held responsible for knowingly allowing someone to carry an unlicensed firearm into their premises. 
 
Now that open carry has passed, how will TABC respond if someone is openly carrying a firearm without a proper license in the premise of a licensee that sells alcohol for off premise consumption? Will the alcohol  licensee still be subjected to penalty as they were previously? Do they have an obligation to ensure the people that are carrying openly are properly licensed to carry? Does the new open carry law supersede the TABC rules regarding unlicensed carry? An example is Wal-Mart is asking some open carriers of handgun to show them their License to Carry a handgun. Is this action appropriate and necessary?
 
Your feedback at your earliest convenience would be greatly appreciated. 
 
Thank you,
I maintain, until the TABC rules are changed, the onus is on the retailer. It doesn't matter if mom and pop or other retailers understand this or not.

Based on this, it seems the TABC is providing an incentive for alcohol retailers to put up 30.07 and 30.06 signs.

I'm curious as to what it means when the rule says "Knowingly Allowing." If a retailer checks for LTC and the OCer does not have one and the retailer allows the OCer to stay... Then I would agree that the retailer "Knowingly" Allowed and unlicensed handgun on the premises. On the other hand, if a retailer does not check an OCer for an LTC and the TABC somehow discovers that the OCer does not have an LTC... Did the retailer "Knowingly" allow an unlicensed handgun on the premises? Can the retailer make an argument for assuming that their patrons are law abiding citizens and thereby assume that OCers are carrying lawfully... which means licensed?
by pt145ss
Mon Jan 11, 2016 8:36 am
Forum: General Texas CHL Discussion
Topic: walmart asking for chl
Replies: 244
Views: 54044

Re: walmart asking for chl

I OCed at Wal-Mart Saturday evening. No one said a word to me. I walked the whole store buying bread, coffee creamer, sugar, and etc. Never got a second look. I don't think anyone even noticed until I asked someone to open the ammo case to buy some 7.62x39 (for a new AR I picked up last week). Even then, no one said anything, no dirty looks... nothing.

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