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Because it is only a defense to prosecution, not an exception. You can still be charged and taken to court and then you will have to prove you didn't know it wasn't a 51% location. Better to know it is with a 51% sign and then not carry or maybe not even go there.bizarrenormality wrote:You could but what's the benefit to getting rid of a defense to prosecution?
In this case, it would be a matter of taking the ride and then beating the rap.RossA wrote:It's not my duty to post signs for businesses, or to do homework to figure out if a business should be posting. I don't see a sign, I carry.
There is an app. TABC mobile for iphone, probably for android as well.LordProphet wrote: ↑Thu Aug 02, 2018 12:58 pm Where do you guys find out if they're a 51% or not? I looked on the TABC website but that place is a mess.
Depends on what TABC considers it.Abraham wrote: ↑Thu Aug 02, 2018 3:24 pm Coulda fooled me.
I'm under the impression if it's a bar selling booze for immediate consumption or a parallel - you can't carry.
Or, am I being too simplistic?
Thus, I'm not bothered by no 51% sign as I pretty certain my above regarding gin mills is on the money.
Of course, it's a moot point for me as I don't go to bars.
I don’t think you’re being too simplistic. You’re just doing it the easy way.Abraham wrote: ↑Thu Aug 02, 2018 3:24 pm Coulda fooled me.
I'm under the impression if it's a bar selling booze for immediate consumption or a parallel - you can't carry.
Or, am I being too simplistic?
Thus, I'm not bothered by no 51% sign as I pretty certain my above regarding gin mills is on the money.
Of course, it's a moot point for me as I don't go to bars.
As are all the 46.15 non-applicability provisions like: Having LTC, being a LEO, engaged in sporting activity, traveling, etc. All of these are defenses to prosecution rather than exceptions. Defenses, exceptions, not being illegal, etc. are all just different shades of the "burden of proof" under the penal code. My contention is that it is incorrect to say that "something is illegal, but you have a defense or an exception". It's more that the prosecution has a different level of effort to prove you are guilty of something for which you have a Defense, Affirmative Defense or Exception. The act itself wasn't illegal if you had the Defense at the time you committed it.Keith B wrote: ↑Mon May 20, 2013 9:35 pmBecause it is only a defense to prosecution, not an exception. You can still be charged and taken to court and then you will have to prove you didn't know it wasn't a 51% location. Better to know it is with a 51% sign and then not carry or maybe not even go there.bizarrenormality wrote:You could but what's the benefit to getting rid of a defense to prosecution?
I agree it shifts the burden of proof to the prosecution, but if it did not apply to vs. the defense to prosecution it would be better. If some overzealous junior prosecutor wants to push they could still drag you through court. If it is an exception then they really would have nothing to charge you with.ScottDLS wrote: ↑Thu Aug 02, 2018 4:37 pmAs are all the 46.15 non-applicability provisions like: Having LTC, being a LEO, engaged in sporting activity, traveling, etc. All of these are defenses to prosecution rather than exceptions. Defenses, exceptions, not being illegal, etc. are all just different shades of the "burden of proof" under the penal code. My contention is that it is incorrect to say that "something is illegal, but you have a defense or an exception". It's more that the prosecution has a different level of effort to prove you are guilty of something for which you have a Defense, Affirmative Defense or Exception. The act itself wasn't illegal if you had the Defense at the time you committed it.Keith B wrote: ↑Mon May 20, 2013 9:35 pmBecause it is only a defense to prosecution, not an exception. You can still be charged and taken to court and then you will have to prove you didn't know it wasn't a 51% location. Better to know it is with a 51% sign and then not carry or maybe not even go there.bizarrenormality wrote:You could but what's the benefit to getting rid of a defense to prosecution?
And if you are prosecuted for something for which you had a Defense, the PROSECUTION must refute your Defense BEYOND A REASONABLE DOUBT as long as you bring it up. I'm still waiting for some LEO to be the test case for carrying "while being a cop"...which is only a Defense.
https://statutes.capitol.texas.gov/Docs/PE/htm/PE.2.htm
Having taken the class, I know a 51% establishment is required to post a specific sign. Absent such a sign, a reasonable man might believe an establishment is not off limits, rather than assuming the management are breaking the law.
