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Any chance we can have the 51% law repealed in light of Orlando? Be nice if I could carry when I'm DD anyway and not drinking. "Designated carrier" if you will?

Now, more realistically, can we have this dropped from being a full-blown felony, at least only being a felony if you're caught drinking and carrying?

I ask this as someone who has personally encountered at least one poorly placed 51% sign in a restaurant that was not, in fact, a 51% establishment per TABC. Perks of living in Austin, I guess.

HootHoot wrote:Any chance we can have the 51% law repealed in light of Orlando? Be nice if I could carry when I'm DD anyway and not drinking. "Designated carrier" if you will?

Now, more realistically, can we have this dropped from being a full-blown felony, at least only being a felony if you're caught drinking and carrying?

I ask this as someone who has personally encountered at least one poorly placed 51% sign in a restaurant that was not, in fact, a 51% establishment per TABC. Perks of living in Austin, I guess.

Designated Defender

I'd love to see this changed. I've had two instances (that I know of) where I carried inside a 51% location and didn't see the sign until I was leaving. May have had grounds for a defense but still was the in violation. One was a wine store in Gruene. Have never seen a liquor store posted so didn't occur to me that they had wine tasting, hence on site consumption. The other was like many restaurants that also have a bar. Never occurred to me until I saw the sign after lunch.

Rhino1 wrote:I'd love to see this changed. I've had two instances (that I know of) where I carried inside a 51% location and didn't see the sign until I was leaving. May have had grounds for a defense but still was the in violation. One was a wine store in Gruene. Have never seen a liquor store posted so didn't occur to me that they had wine tasting, hence on site consumption. The other was like many restaurants that also have a bar. Never occurred to me until I saw the sign after lunch.

To have a 51% sign, the wine store would need to make at least 51% of their sales on the CONSUMPTION of alcohol. I don't know of any wine stores that do this, maybe it was a wine bar.

I do not think guns and alcohol mix - ever. But imho 51% is a not the best way to go about it. There has to be a more sensible way that can pass through the legislature. I agree about the frustration of being in an establishment yet I'm prohibited from carrying as I don't drink. Where this is the biggest problem is when it is tied to a vendor selling in a non prohibited place (think city or county owned venues) but because the license is tied to the vendor the entire premises is now 51% - even if it is being rented by some other group and alcohol isn't being sold.
This needs to be fixed definitively!

Repealing the 51% prohibition as a stand-alone bill has no chance of passing. As part of repealing off-limits areas in a comprehensive bill, it can pass. It could well be that it would include a ban on drinking while carrying in a 51% location.

Chas.

Charles beat me with his own points I was going to interject. I was just listening to Episode #16 of his podcast from June. It's a good listen [of course] and he speaks directly to your point.

https://www.texasfirearmscoalition.com/ ... ng-grounds

Charles L. Cotton wrote:Repealing the 51% prohibition as a stand-alone bill has no chance of passing. As part of repealing off-limits areas in a comprehensive bill, it can pass. It could well be that it would include a ban on drinking while carrying in a 51% location.

Chas.

I dont see a problem with that and could certainly live with it.

Charles L. Cotton wrote:Repealing the 51% prohibition as a stand-alone bill has no chance of passing. As part of repealing off-limits areas in a comprehensive bill, it can pass. It could well be that it would include a ban on drinking while carrying in a 51% location.

Chas.

Would be strange to be able to carry at a bar and grill (like Chili's) with a beer but not at a real bar. Does it not lead into some possible poison amendment to make it illegal to carry and have any alcohol anywhere?

twomillenium wrote:To have a 51% sign, the wine store would need to make at least 51% of their sales on the CONSUMPTION of alcohol. I don't know of any wine stores that do this, maybe it was a wine bar.

The problem with this is that the TABC application doesn't ask the question that way and the law says the TABC determination. The application just asks for the percentage of sales from alcoholic beverages and then checks to see if the license is for on-premise consumption. Many places that sell for on and off premise consumption have no realistic way to determine the split between the two.

I agree, that particular law should be changed. If you don't drink you should not be rendered defenseless.

Charles L. Cotton wrote:Repealing the 51% prohibition as a stand-alone bill has no chance of passing. As part of repealing off-limits areas in a comprehensive bill, it can pass. It could well be that it would include a ban on drinking while carrying in a 51% location.

That sounds reasonable, especially if the new law applies to everybody. LTC, LEO, MIL, FED

srothstein wrote:

twomillenium wrote:To have a 51% sign, the wine store would need to make at least 51% of their sales on the CONSUMPTION of alcohol. I don't know of any wine stores that do this, maybe it was a wine bar.

The problem with this is that the TABC application doesn't ask the question that way and the law says the TABC determination. The application just asks for the percentage of sales from alcoholic beverages and then checks to see if the license is for on-premise consumption. Many places that sell for on and off premise consumption have no realistic way to determine the split between the two.

I have never seen a wine or liquor store that "sells" anything for on premises consumption. I've been in many with blue signs that offer samples. Are any stores that offer samples required to get an on premises license?

Designated drivers going to a bar should stay in the car. I've seen too many normally passive people get mean, nasty and obnoxious when drinking. I would feel more comfortable knowing they weren't carrying a firearm personally. They could do away with the signs, but not allow carrying while in a bar. I think everyone knows what a bar is. An alcoholic beverage drinking establishment.

My pub crawling days are long behind me, but there are times I'd like to go someplace for entertainment where alcohol is served. Some outfits apparently contract out the bar services, meaning the company that sells the drinks definitely earns over 51% of their income from alcohol sales. This makes the entire place off-limits. I'd like to see that rule changed.