Are 51% establishments off limits when closed

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rkeller
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Are 51% establishments off limits when closed

#1

Post by rkeller »

One of the students in my class runs a housekeeping/cleaning service company. One of the places he is contacted to clean is a bar (which displays a 51% sign). He cleans it only during hours while it is closed for business. His question, does the 51% signage apply when the business is closed.

In reading the small book of laws that DPS provides, I found no excpetion for when the business is closed. In looking through this forum, I did not find the answer either (although my search skills are somewhat limited).

Can a CHLer carry in the premises of a 51% establishment when it is closed?

Thanks for any input,
Rob
The best way to survive a gun fight is to be somewhere else. If the you cannot be somewhere else, then have a gun. -Clint Smith (and probably others)
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Keith B
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Re: Are 51% establishments off limits when closed

#2

Post by Keith B »

rkeller wrote:One of the students in my class runs a housekeeping/cleaning service company. One of the places he is contacted to clean is a bar (which displays a 51% sign). He cleans it only during hours while it is closed for business. His question, does the 51% signage apply when the business is closed.

In reading the small book of laws that DPS provides, I found no excpetion for when the business is closed. In looking through this forum, I did not find the answer either (although my search skills are somewhat limited).

Can a CHLer carry in the premises of a 51% establishment when it is closed?

Thanks for any input,
Rob
Since there is no exception for during business hours or out of, then I would believe the location to be prohibited at all times for CHL.
Keith
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i8godzilla
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Re: Are 51% establishments off limits when closed

#3

Post by i8godzilla »

If he has the keys and arrives after all the other staff has left, would this be property under his control that would allow him to carry there?
No State shall convert a liberty into a privilege, license it, and charge a fee therefor. -- Murdock v. Pennsylvania
If the State converts a right into a privilege, the citizen can ignore the license and fee and engage in the right with impunity. -- Shuttleworth v. City of Birmingham
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MoJo
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Re: Are 51% establishments off limits when closed

#4

Post by MoJo »

I tend to go with Keith's answer. DPS or TABC should be able to clarify.
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RottenApple
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Re: Are 51% establishments off limits when closed

#5

Post by RottenApple »

i8godzilla wrote:If he has the keys and arrives after all the other staff has left, would this be property under his control that would allow him to carry there?
IANAL, but I don't think this would matter. Isn't the "property under your control" provision only for 30.06? I don't think it provides an exception to the 51% signs.
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Keith B
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Re: Are 51% establishments off limits when closed

#6

Post by Keith B »

i8godzilla wrote:If he has the keys and arrives after all the other staff has left, would this be property under his control that would allow him to carry there?
Nope. 51% would override that. I don't find an exception for a 51% location showing property undert their control.
Keith
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i8godzilla
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Re: Are 51% establishments off limits when closed

#7

Post by i8godzilla »

My memory did not serve me well today. This is what I thought I was remembering--although incorrectly:


http://info.sos.state.tx.us/pls/pub/rea ... ch=36&rl=1" onclick="window.open(this.href);return false;
(c) On-Premise Possession of Firearms. Firearms may be possessed on premises licensed for on-premise consumption if:

(1) the firearm is in the possession of the permittee/licensee; or
No State shall convert a liberty into a privilege, license it, and charge a fee therefor. -- Murdock v. Pennsylvania
If the State converts a right into a privilege, the citizen can ignore the license and fee and engage in the right with impunity. -- Shuttleworth v. City of Birmingham
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Keith B
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Re: Are 51% establishments off limits when closed

#8

Post by Keith B »

i8godzilla wrote:My memory did not serve me well today. This is what I thought I was remembering--although incorrectly:


http://info.sos.state.tx.us/pls/pub/rea ... ch=36&rl=1" onclick="window.open(this.href);return false;
(c) On-Premise Possession of Firearms. Firearms may be possessed on premises licensed for on-premise consumption if:

(1) the firearm is in the possession of the permittee/licensee; or
The person doing the cleaning is not the permitee/licensee, so it would only apply to the owner, and not even the bartender or other employees unless the owner WAS the bartender.

EDIT TO CORRECT: The owner MAY NOT be the licensee. It can be done under someone elses name, similar to a gun store being owned by someone who doesn't have an FFL, but the manager or other employee does.
Keith
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Psalm 82:3-4

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rkeller
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Re: Are 51% establishments off limits when closed

#9

Post by rkeller »

Thanks to everyone for the great responses. -- Rob
The best way to survive a gun fight is to be somewhere else. If the you cannot be somewhere else, then have a gun. -Clint Smith (and probably others)
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Oldgringo
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Re: Are 51% establishments off limits when closed

#10

Post by Oldgringo »

If the CC cleaner is the only one there during off hours....who's to know?
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Keith B
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Re: Are 51% establishments off limits when closed

#11

Post by Keith B »

Oldgringo wrote:If the CC cleaner is the only one there during off hours....who's to know?
That's not the point. It is illegal, that is the point.
Keith
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Psalm 82:3-4
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Oldgringo
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Re: Are 51% establishments off limits when closed

#12

Post by Oldgringo »

Keith B wrote:
Oldgringo wrote:If the CC cleaner is the only one there during off hours....who's to know?
That's not the point. It is illegal, that is the point.
Oh!
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Keith B
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Re: Are 51% establishments off limits when closed

#13

Post by Keith B »

Oldgringo wrote:
Keith B wrote:
Oldgringo wrote:If the CC cleaner is the only one there during off hours....who's to know?
That's not the point. It is illegal, that is the point.
Oh!
Additionally, see rule 4
4. No posting of messages promoting illegal conduct.
Keith
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Psalm 82:3-4
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sjfcontrol
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Re: Are 51% establishments off limits when closed

#14

Post by sjfcontrol »

Keith B wrote:
Oldgringo wrote:
Keith B wrote:
Oldgringo wrote:If the CC cleaner is the only one there during off hours....who's to know?
That's not the point. It is illegal, that is the point.
Oh!
Additionally, see rule 4
4. No posting of messages promoting illegal conduct.
Hmm, so all the postings that proclaim "Concealed means Concealed" are breaking the rules?
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Keith B
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Re: Are 51% establishments off limits when closed

#15

Post by Keith B »

sjfcontrol wrote:
Keith B wrote:
Oldgringo wrote:
Keith B wrote:
Oldgringo wrote:If the CC cleaner is the only one there during off hours....who's to know?
That's not the point. It is illegal, that is the point.
Oh!
Additionally, see rule 4
4. No posting of messages promoting illegal conduct.
Hmm, so all the postings that proclaim "Concealed means Concealed" are breaking the rules?
Not unless you are referring to 'Concealed means concealed' so you can violate the law. I have used concealed means concealed when you are going past a non-compliant sign or into an area where is is mis-believed by individuals that it is off-limits (governemnt building, church, etc.)
Keith
Texas LTC Instructor, Missouri CCW Instructor, NRA Certified Pistol, Rifle, Shotgun Instructor and RSO, NRA Life Member

Psalm 82:3-4
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