What is the penalty for carrying past a 30.06 or a 51% sign?

[Michael Scofield]

I can't recall what was said during my CHL class.

[G.A. Heath]

Right now it is a Class A misdemeanor, as of Jan. 1, 2016 it will be a Class C misdemeanor. Keep in mind if a private entity has gone to the trouble to post a valid 30.06 then you should respect their wishes.

[The Annoyed Man]

Right now it is a Class A misdemeanor, as of Jan. 1, 2016 it will be a Class C misdemeanor. Keep in mind if a private entity has gone to the trouble to post a valid 30.06 then you should respect their wishes.

Are you saying this applies to both 30.06 and red 51% signs? I only recall the change to 30.06.

[Mike S]

I believe TAM is correct; violation of 30.06/30.07 notice via signage (written notice) will be reduced to a Class C Misdemeanor, whereas violation of verbal (oral notice) remains a Class A Misdemeanor. No change to the offense of prohibited carry where a 51% sign is posted, at least not that I've seen.

[The Wall]

And it will be a Class C until you refuse to leave and then it becomes a Class A.

[surferdaddy]

Right now it is a Class A misdemeanor, as of Jan. 1, 2016 it will be a Class C misdemeanor. Keep in mind if a private entity has gone to the trouble to post a valid 30.06 then you should respect their wishes.

Are you saying this applies to both 30.06 and red 51% signs? I only recall the change to 30.06.

I don't recall seeing any changes to 51% sign violation penalties, nor was there mention of any changes in my CHL instructor class.

Surfer

[ScottDLS]

Right now it is a Class A misdemeanor, as of Jan. 1, 2016 it will be a Class C misdemeanor. Keep in mind if a private entity has gone to the trouble to post a valid 30.06 then you should respect their wishes.

Are you saying this applies to both 30.06 and red 51% signs? I only recall the change to 30.06.

I don't recall seeing any changes to 51% sign violation penalties, nor was there mention of any changes in my CHL instructor class.

Surfer

Also be careful of Hospitals, Churches, and Amusement Parks properly posted under 30.06 could get you prosecuted under 46.035 (Class A), even after 1/1/16.

[G.A. Heath]

I posted from my phone and didn't see the part about the 51% sign, my little screen, my mistake.

[oohrah]

Right now it is a Class A misdemeanor, as of Jan. 1, 2016 it will be a Class C misdemeanor. Keep in mind if a private entity has gone to the trouble to post a valid 30.06 then you should respect their wishes.

Are you saying this applies to both 30.06 and red 51% signs? I only recall the change to 30.06.

I don't recall seeing any changes to 51% sign violation penalties, nor was there mention of any changes in my CHL instructor class.

Surfer

Also be careful of Hospitals, Churches, and Amusement Parks properly posted under 30.06 could get you prosecuted under 46.035 (Class A), even after 1/1/16.

and after 8/1/16, posted campuses will also be Class A.

[txpilot]

It appears no one answered your 51% question yet, so here it is TPC 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, 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;

(g) An offense under Subsection (a), (b), (c), (d), or (e) is a
Class A misdemeanor, unless the offense is committed under Subsection
(b)(1) or (b)(3), in which event the offense is a felony of the third
degree.

[glazer1972]

30.06 Misdemeanor A to C
51% Felony 3

[Scott in Houston]

30.06 Misdemeanor A to C
51% Felony 3

Also note, it's not about the 51% SIGN… it's about the location and its liquor license designating it as such.
A 51% location may not have the sign, and if you're caught carrying there, you can still be prosecuted.

Also, if a non 51% location mistakenly (or purposely) posts the red 51% sign, you not be breaking the law, but you may have a legal battle ahead.

[Pariah3j]

30.06 Misdemeanor A to C
51% Felony 3

Also note, it's not about the 51% SIGN… it's about the location and its liquor license designating it as such.
A 51% location may not have the sign, and if you're caught carrying there, you can still be prosecuted.

Also, if a non 51% location mistakenly (or purposely) posts the red 51% sign, you not be breaking the law, but you may have a legal battle ahead.

I've heard if you report the places that are not 51% but are displaying the red signs to the TABC, they have the clout to have them removed even when the business does not have a liquor license. Never seen it done, just heard/read that somewhere before.

Does a 51% location have the obligation to display that sign on the door/entrance correctly ? I went to a location this weekend and they had the 51% sign inside the door, off to the right, partially covered up, behind other signs/posters - if I had not been looking very hard for it, it would have been easily missed. I didn't CC inside because I was pretty sure the location was a red 51% location... just thought if someone didn't know for sure, that sign was almost designed to be missed IMO.

[Embalmo]

Also be careful of Hospitals, Churches, and Amusement Parks properly posted under 30.06 could get you prosecuted under 46.035 (Class A), even after 1/1/16.

Huh? Hospitals churches, and amusement parks have a different penalty for a 30.06 violation?

Embalmo

[casp625]

Huh? Hospitals churches, and amusement parks have a different penalty for a 30.06 violation?

Embalmo

Sec. 46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER.
(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:
...
(4) on the premises of a hospital licensed under Chapter 241, Health and Safety Code, or on the premises of a nursing home licensed under Chapter 242, Health and Safety Code, unless the license holder has written authorization of the hospital or nursing home administration, as appropriate;
(5) in an amusement park; or
(6) on the premises of a church, synagogue, or other established place of religious worship.

(g) An offense under Subsection (a), (b), (c), (d), or (e) is a Class A misdemeanor, unless the offense is committed under Subsection (b)(1) or (b)(3), in which event the offense is a felony of the third degree.