Are 51% establishments off limits when closed
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Are 51% establishments off limits when closed
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
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)
Re: Are 51% establishments off limits when closed
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.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
Keith
Texas LTC Instructor, Missouri CCW Instructor, NRA Certified Pistol, Rifle, Shotgun Instructor and RSO, NRA Life Member
Psalm 82:3-4
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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Re: Are 51% establishments off limits when closed
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
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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Re: Are 51% establishments off limits when closed
I tend to go with Keith's answer. DPS or TABC should be able to clarify.
"To disarm the people is the best and most effectual way to enslave them."
George Mason
Texas and Louisiana CHL Instructor, NRA Pistol, Rifle, Shotgun, Personal Protection and Refuse To Be A Victim Instructor
George Mason
Texas and Louisiana CHL Instructor, NRA Pistol, Rifle, Shotgun, Personal Protection and Refuse To Be A Victim Instructor
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Re: Are 51% establishments off limits when closed
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.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?
Re: Are 51% establishments off limits when closed
Nope. 51% would override that. I don't find an exception for a 51% location showing property undert their control.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?
Keith
Texas LTC Instructor, Missouri CCW Instructor, NRA Certified Pistol, Rifle, Shotgun Instructor and RSO, NRA Life Member
Psalm 82:3-4
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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Re: Are 51% establishments off limits when closed
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
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
Re: Are 51% establishments off limits when closed
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.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
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
Texas LTC Instructor, Missouri CCW Instructor, NRA Certified Pistol, Rifle, Shotgun Instructor and RSO, NRA Life Member
Psalm 82:3-4
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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Topic author - Junior Member
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Re: Are 51% establishments off limits when closed
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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Re: Are 51% establishments off limits when closed
If the CC cleaner is the only one there during off hours....who's to know?
Re: Are 51% establishments off limits when closed
That's not the point. It is illegal, that is the point.Oldgringo wrote:If the CC cleaner is the only one there during off hours....who's to know?
Keith
Texas LTC Instructor, Missouri CCW Instructor, NRA Certified Pistol, Rifle, Shotgun Instructor and RSO, NRA Life Member
Psalm 82:3-4
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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Re: Are 51% establishments off limits when closed
Oh!Keith B wrote:That's not the point. It is illegal, that is the point.Oldgringo wrote:If the CC cleaner is the only one there during off hours....who's to know?
Re: Are 51% establishments off limits when closed
Additionally, see rule 4Oldgringo wrote:Oh!Keith B wrote:That's not the point. It is illegal, that is the point.Oldgringo wrote:If the CC cleaner is the only one there during off hours....who's to know?
4. No posting of messages promoting illegal conduct.
Keith
Texas LTC Instructor, Missouri CCW Instructor, NRA Certified Pistol, Rifle, Shotgun Instructor and RSO, NRA Life Member
Psalm 82:3-4
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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Re: Are 51% establishments off limits when closed
Hmm, so all the postings that proclaim "Concealed means Concealed" are breaking the rules?Keith B wrote:Additionally, see rule 4Oldgringo wrote:Oh!Keith B wrote:That's not the point. It is illegal, that is the point.Oldgringo wrote:If the CC cleaner is the only one there during off hours....who's to know?
4. No posting of messages promoting illegal conduct.
Range Rule: "The front gate lock is not an acceptable target."
Never Forget.
Never Forget.
Re: Are 51% establishments off limits when closed
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.)sjfcontrol wrote:Hmm, so all the postings that proclaim "Concealed means Concealed" are breaking the rules?Keith B wrote:Additionally, see rule 4Oldgringo wrote:Oh!Keith B wrote:That's not the point. It is illegal, that is the point.Oldgringo wrote:If the CC cleaner is the only one there during off hours....who's to know?
4. No posting of messages promoting illegal conduct.
Keith
Texas LTC Instructor, Missouri CCW Instructor, NRA Certified Pistol, Rifle, Shotgun Instructor and RSO, NRA Life Member
Psalm 82:3-4
Texas LTC Instructor, Missouri CCW Instructor, NRA Certified Pistol, Rifle, Shotgun Instructor and RSO, NRA Life Member
Psalm 82:3-4