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by dicion
Fri Nov 12, 2010 7:08 am
Forum: General Texas CHL Discussion
Topic: Is Their 51% Sign Legit?
Replies: 14
Views: 2606

Re: Is Their 51% Sign Legit?

randomoutburst wrote:
apostate wrote:
randomoutburst wrote:My husband and I are starting our own business and are renting an office from a local business.
Wouldn't that make the office premises under your control?
I doubt that will matter since the license is, indeed, red. And as Keith said, it likely covers the entire building.
Actually, it does matter, as 51% laws only apply if you're carrying under CHL.

If you're on, or going to or from, a premises under your control from your vehicle, you're legal under 46.02, so you do not need the nonapplicability clause, so you are not carrying under CHL.
PC §46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE
HOLDER.
(b) A license holder commits an offense if the license holder intentionally,
knowingly, or recklessly carries a handgun under the authority
of Subchapter H, Chapter 411, Government Code
, regardless of
whether the handgun is concealed, on or about the license holder's
person:
(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


PC §46.02. UNLAWFUL CARRYING WEAPONS. (a) A person commits
an offense if the person intentionally, knowingly, or recklessly carries
on or about his or her person a handgun, illegal knife, or club if the
person is not:
(1) on the person's own premises or premises under the person's
control; or
(2) inside of or directly en route to a motor vehicle that is owned
by the person or under the person's control.

PC §46.15. NONAPPLICABILITY
(b) Section 46.02 does not apply to a person who:
(6) is carrying a concealed handgun and a valid license issued
under Subchapter H, Chapter 411, Government Code, to carry a
concealed handgun of the same category as the handgun the person
is carrying;

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