TexasCHLforum.com

Keith B wrote:

fagancarco wrote:I have seen the sign at only one Chilis. I didn't check to see if it was valid, just took my gun back to the car. Your advice is sound nevertheless,with one caveat.

Just as an old or improperly worded 30.06 makes it legal to carry in a establishment, a 51% sign improperly placed would do the same. I see no real difference. IMO

I'm open to correction if there's a legal opinion out there somewhere, or wording in the law I haven't seen.

Actually, no it does not. A 51% sign must match the license. In other words, if the liquor license does not say SIGN=RED, then the location is NOT a 51% location, sign or not. If the license says SIGN=BLUE and they have a 51% sign up, it carries the same weight as a gun-buster or other non-enforceable sign. The type of beverage sign that is to be posted is not at the discretion of the owner, but directed by TABC law.

In the case of a 30.06 sign, that is placed at the discretion of the owner of the property. So, if you see a 30.06 you must abide by it until you are told differently by the owner and given permission to pass that sign. A bar owner cannot give you permission to carry past a valid 51% sign.

The Annoyed Man wrote:

fagancarco wrote:I have seen the sign at only one Chilis. I didn't check to see if it was valid, just took my gun back to the car. Your advice is sound nevertheless,with one caveat.

Just as an old or improperly worded 30.06 makes it legal to carry in a establishment, a 51% sign improperly placed would do the same. I see no real difference. IMO

I'm open to correction if there's a legal opinion out there somewhere, or wording in the law I haven't seen.

You are wrong. See my comments above about "defense to prosecution."

CHL law doesn't make it legal to carry a concealed pistol. What it does is give you a defense to prosecution if you do......so long as you have the CHL license. Carrying the concealed handgun is still illegal. That is the legal default. You just have a defense to being prosecuted for it if you have the plastic.

Similarly, if a valid 30.06 is posted inside the premises rather than at the entrance, the CHL holder has a valid "defense to prosecution" if he enters the premises. BUT....once he is inside and sees the valid sign, he has now been given effective notice, and the only way he can continue to have a defense to prosecution is to leave immediately. If he stays, he is not only in violation of the law, but he also no longer has the defense to prosecution.

And as importantly, he can no longer make the moral claim to being a law-abiding person. You either are, or you aren't. There really isn't a gray area in-between. If you find that you are not supposed to be there and you don't leave immediately, then you are willfully breaking the law.

Just calling a spade a spade.....

JKTex wrote:

fagancarco wrote:

Skiprr wrote:

fagancarco wrote:Don't sweat it. Finish your meal.

If you weapon is as concealed as it should be, you won't have a problem. If it's not...better get out fast and be more careful next time.

Seriously?

I mean, seriously?

What is it, exactly that you object to?

Don't you agree that the carrier should have checked the signage more carefully before being seated, even though it was posted in the wrong place?

Or do you think he should jump up and run out when he's 20 minutes into his meal, even though the signs were posted in the wrong place? (I'm reading his post to say that the sign was not at the door.)

When I read it, it read as you implied ignore the law because it wasn't convenient, regardless. But I'll add this, if you walk into a restaurant that happens to sell booze, or even has a small bar.........

Skiprr wrote:

fagancarco wrote:Don't sweat it. Finish your meal.

If you weapon is as concealed as it should be, you won't have a problem. If it's not...better get out fast and be more careful next time.

Seriously?

I mean, seriously?