srothstein wrote:I want to emphasize that the law banning carrying does not say if posted. It also does not say if it IS a 51% location. It says if it is as determined by TABC.
I was amazed by this as well, but the law actually
does say the 51% sign has to be posted.
"PC §46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE
HOLDER. (a) A license holder commits an offense if the license
holder carries a handgun on or about the license holder's person
under the authority of Subchapter H, Chapter 411, Government Code,
and intentionally fails to conceal the handgun.
(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;
Beverage Commission.
(k) It is a defense to prosecution under Subsection (b)(1) that the
actor was not given effective notice under Section 411.204, Government
Code."
Which is....
"a) A business that has a permit or license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic Beverage Code, and that derives 51 percent or more of its income from the sale of alcoholic beverages for on-premises consumption as determined by the Texas Alcoholic Beverage Commission under Section 104.06, Alcoholic Beverage Code, shall prominently display at each entrance to the business premises a sign that complies with the requirements of Subsection (c).
(c) The sign required under Subsections (a) and (b) must give notice in both English and Spanish that it is unlawful for a person licensed under this subchapter to carry a handgun on the premises. The sign must appear in contrasting colors with block letters at least one inch in height and must include on its face the number "51" printed in solid red at least five inches in height. The sign shall be displayed in a conspicuous manner clearly visible to the public."
So, just like many of the other "defenses to prosecution", if the sign is not displayed it is not a "posted" location.
IMHO, IANAL, etc, etc.