TexasCHLforum.com

Does not apply would seem to be stronger, no?

ScottDLS wrote: ↑Fri Dec 14, 2018 6:51 pmIt is correct that if a non-51% location is (wrongly) posted 51%, you may carry.

We agree on this.

ScottDLS wrote: ↑Fri Dec 14, 2018 6:51 pmI was saying Paw-Paw was mistaken.

ScottDLS wrote: ↑Fri Dec 14, 2018 6:51 pmNo I'm saying that it is NOT illegal to carry in a 51% location if they are not properly posted.

I Disagree. This is what Pawpaw was saying. It is still illegal and I mentioned that the lack of a sign or properly posted sign is only a defense to prosecution.

If I'm still misunderstanding your position I apologize. My allergies are bugging me tonight and they are becoming quite irritating.

ScottDLS wrote: ↑Fri Dec 14, 2018 5:23 pm

oohrah wrote: ↑Fri Dec 14, 2018 11:56 am

Pawpaw wrote: ↑Fri Dec 14, 2018 12:44 am If it's a 51% location, it doesn't matter whether they post the sign or not.

According to PC §46.035:

(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 or carried in a shoulder or belt holster, 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;

So even without a sign, carrying in a 51% location is illegal.

True, and oddly, if an invalid 51% is posted, it's not illegal to carry past it (but I wouldn't want to have that discussion).

Technically not true. See my earlier post.

What? Re-read what oohrah said again please. Although oddly phrased I think what he is saying is correct.

If a non-51% business puts up the 51% sign that doesn't make it illegal to carry past it, right? Or are you saying it is illegal even though the business does not meet the 51% requirements?

TexanVeteran wrote: ↑Thu Dec 13, 2018 6:19 pm I am not going to carry in there, but I would like to know if I should bring this to their attention.

Early on when I first got my license I, naively and wrongly, assumed I was helping a business by notifying them of their incorrect, non-compliant, and insufficient 30.06 signs for notification.

What a bonehead I was. I didn't think it through that they might then post valid signs. The same still applies today and might be even more critical with the addition of 30.07. Don't inform a business that any of their signs are incorrect or invalid.

For a 51% sign that is up and shouldn't be just notify the TABC. They'll take care of it. In most cases, the business that posts one that shouldn't won't believe you or me anyway or care.

If they should post a 51% sign, but are not you could notify the TABC and that would probably be helpful since whether or not the sign is up it is still a violation for us to carry in there. However, a slight caveat is that if they are not posted it is a defense to prosecution that might help someone that doesn't check in advance or know if the place is a legitimate 51% location.