TexasCHLforum.com

Improper No Guns / 30.06 posting of a government building

Since SB501 passed 2 years ago many govenment facilities have continued to improperly post.

For instance.
The City of Houston forces all CHL Holders that enter city of Houston facilities to wear a RED badge indication that they are carrying a gun.

I think "there ought to be a law" against improperly posting.

Like a Felony Civil Rights violation. For the person that hung the sign. The person that ordered the sign hung. The person that enforced the sign.

Or
am I being to harsh?

No. Not too harsh.

Too lenient.

Been down this road before...

And you are absolutely right in your opinion on this...

One of our newest contributors here "SteyrM40", and myself, have "test cased" this policy...And for the most part its nothing more that a guilt trip driven shake down, to make you feel bad about carrying a "gun" for any reason in our "safe" city...Thats literally what they want you to feel like...

But it doesn't wash with most of us anyway...But it is a shake down of the worse kind...And it doesn't even perform a real purpose...Except delay me, and keep me from conducting lawful business in a public facility...

I think I will add a goal in the next session in 2007, that real penalties be introduced into law which eliminate these restrictions and infringements placed on those of us that should not be subjected to these abhorant practices...

I agree completely. I think there should be some language that clears up what a court and its offices is as well.

We know what it means, but some cities are using this one to make buildings off-limits.

Glenn

+1 on penalties for improper posting and clarify "courts and offices".

Penalties should also apply to folks who post a 51% alcohol sign to scare away CHL without the trouble and publicity of a 30.06 sign? You can buy these signs for $1 and put them in your business window if you serve any alcohol. What's a CHLer to do?

By the way, I also vote for eliminating 51% establishements from being off limits. Why is it that I can't carry at my kids birthday party at the bowling alley, but I can at Chucky Cheese's? That's just nuts. Let's cover the drinkers with "intoxication" (discussed in another thread).

GlockenHammer wrote:Penalties should also apply to folks who post a 51% alcohol sign to scare away CHL without the trouble and publicity of a 30.06 sign? You can buy these signs for $1 and put them in your business window if you serve any alcohol. What's a CHLer to do?

By the way, I also vote for eliminating 51% establishements from being off limits. Why is it that I can't carry at my kids birthday party at the bowling alley, but I can at Chucky Cheese's? That's just nuts. Let's cover the drinkers with "intoxication" (discussed in another thread).

Nothing says you cannot carry where a 51% sign is posted.

What about

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;

txinvestigator, perhaps I misunderstood your comment. It is true that there is nothing prohibiting carry just because the sign is posted. However, that puts the obligation on me to determine the sign is error, or committing a crime that will result in suspension of my license. Hence, I would like improper posting of a 51% sign to be a crime.

Who am I to say that the bowling alley (or pool hall or restaurant/microbrewery) does not, in fact, have that type of license?

Most of these signs have been posted in error.

If you see one that looks wrong
Call the TACB
They have been pretty good at fixing it.

GlockenHammer wrote:txinvestigator, perhaps I misunderstood your comment. It is true that there is nothing prohibiting carry just because the sign is posted. However, that puts the obligation on me to determine the sign is error, or committing a crime that will result in suspension of my license. Hence, I would like improper posting of a 51% sign to be a crime.

Who am I to say that the bowling alley (or pool hall or restaurant/microbrewery) does not, in fact, have that type of license?

The 51% sign does not prohibit you from carrying there. If a 51% sign is NOT posted at a 51% establishment you get no defense by the lack of signage.

I agree that improper posting can cause a problem and/or confusion for CHL holders.

I know I'm responding to a really old post but:

tomneal: The City of Houston forces all CHL Holders that enter city of Houston facilities to wear a RED badge indication that they are carrying a gun.

Do they still do this?
I'm not in Houston, so how do/did they force you to wear a scarlet letter?
Do they metal detect you or what?
Does everyone have to wear a badge and CHLers just get a red one?
Does making you wear a badge cause you to "intentionally fail to conceal"?
If it doesn't, could you wear a jacket around town that says "I HAVE A CONCEALED HANDGUN" on the back?
If you are wearing the red badge, can you then open carry in the facility, since you are already no longer truly concealed?

That is just about the stupidest, for lack of a real word, policy.

stevie_d_64 has run into this policy multiple times. I have just read about it.

I am not sure that this is the "stupidest" policy on anything in any Texas city BUT,
If there was a competition
this policy would be in the running.


As I understand it:
When you go to some city of houston buildings, you must pass through a metal detector and durring that process they give you a name tag. White for most folks and Red for CHLers that are packing.

I ate in a restaurant today that had 2 51% signs, side by side, on the right as you walk in (one turns left as you enter this place), up high near the ceiling.
This is Chuy's Mexican Restaurant in East Ft Worth. They serve very little alcohol that I have seen, both at lunch and dinner. In fact, I do not recall ever seeing anyone drinking a beer anytime I've been there (once a week), but then I haven't been looking for it until recently.
They also serve breakfast, but I can't speak to alcohol consumption with the breakfast crown :)