Bar owner rights

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skeathley
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Bar owner rights

#1

Post by skeathley »

51% notwithstanding, is a bar owner allowed to have and/or carry a gun inside their own business?

Thanks.

SK
Texas LTC Instructor / RSO / SSC
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https://mckinneyfirearmstraining.com
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WildBill
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Re: Bar owner rights

#2

Post by WildBill »

skeathley wrote:51% notwithstanding, is a bar owner allowed to have and/or carry a gun inside their own business?

Thanks.

SK
IANAL, but IMO yes. Notice that they would not be carrying under the authority of a LTC.

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switch
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Re: Bar owner rights

#3

Post by switch »

My understanding that TABC will allow one (1) senior manager to carry. If the owner comes to supervise/inspect, the manager has to put his/her gun up, regardless of whether or not the owner chooses to carry. :( Again, this is a TABC interpretation. Not sure if/how it would be enforced. Not sure if it would stand judicial review if you choose to litigate.

Most bar owners do not fight this rule because they'd just as soon their employees not carry.

bkj
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Re: Bar owner rights

#4

Post by bkj »

Section 46.15 Texas Penal Code]
(a) Sections 46.02 and 46.03 do not apply to a person who
(7) holds an alcoholic beverage permit or license or is an employee of a holder of an alcoholic beverage permit or license if the person is supervising the operation of the permitted or licensed premises;
Sec. 11.61. CANCELLATION OR SUSPENSION OF PERMIT.
(e) Except as provided by Subsection (f) or (i), the commission or administrator shall cancel an original or renewal permit if it is found, after notice and hearing, that the permittee knowingly allowed a person to possess a firearm in a building on the licensed premises. This subsection does not apply to a person:
(3) who is a permittee or an employee of a permittee if the person is supervising the operation of the premises; or premises
Sec. 61.71. GROUNDS FOR CANCELLATION OR SUSPENSION: RETAIL DEALER
(f) Except as provided by Subsection (g) or (j), the commission or administrator shall cancel an original or renewal dealer's on-premises or off-premises license if it is found, after notice and hearing, that the licensee knowingly allowed a person to possess a firearm in a building on the licensed premises. This subsection does not apply to a person:
(3) who is a licensee or an employee of a licensee if the person is supervising the operation of the premises; or
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