"Off Limits" locations for CHL's

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C-dub
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Re: "Off Limits" locations for CHL's

#61

Post by C-dub » Sat Aug 15, 2009 9:32 am

brianko wrote:
dover338 wrote: I'm in the same boat, but my school district has taken the extra step and posted 30.06 signs at the entrance of every parking lot, making it illegal to even enter the parking lot while carrying. And they posted signs on every ancillary building/parking lot the district owns. I'm not a very happy camper.
School districts are government entities, so the 30.06 signs don't mean anything. However, I would bet they have been thoughtful enough to ensure that the weapons prohibition has a prominent place in your employee handbook, in which case they'll just fire you.

Not all school districts have an explicit ban on weapons...maybe it's time to start looking for a more weapons-friendly school district.
I'm sorry, but this is the first time I've read this thread. I thought it was well understood that if a school posted their parking lots with 30.06 signs they were off limits to CHLs. However, I do not want to re-fuel the debate over carrying in a school because it is government owned. I'd like to just focus on the parking lots. Is Brianko correct in that even if a school properly posts their parking lot it is really unable to lawfully do so? I am not a teacher or a school employee, so I'm asking about this from that point of view. I'm in the same situation with my own employer. There are no signs prohibiting guns at all. However, our employee handbook specifically prohibits them and even incorrectly states that only on duty police officers can have weapons on the "property." We are even restricted from having them in our vehicles.

Also, regarding my wife, who does not have a CHL, if she wanted to carry under the MPA and a school parking lot were 30.06 posted would it apply to her? I'm thinking that because of the language it would not.
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Re: "Off Limits" locations for CHL's

#62

Post by xLarry » Sat Sep 12, 2009 1:50 pm

Can someone point me to the thread about the post office?

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Re: "Off Limits" locations for CHL's

#63

Post by boomerang » Sat Sep 12, 2009 2:23 pm

xLarry wrote:Can someone point me to the thread about the post office?
http://www.texasshooting.com/TexasCHL_F ... 83&t=27572" onclick="window.open(this.href);return false;
http://www.texasshooting.com/TexasCHL_F ... +office%22" onclick="window.open(this.href);return false;
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CHLady
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Re: "Off Limits" locations for CHL's

#64

Post by CHLady » Sat Sep 19, 2009 4:54 pm

I'm new to this forum and have to admit I certainly wasn't expecting to see all this type of discussion on this topic. I thought I would find things like Mr. Cotton's first post and then things like a list of popular restaurant chains, etc. that one wouldn't think would have the 51% sign up but do. Seems like that sort of info would be helpful.
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Re: "Off Limits" locations for CHL's

#65

Post by Mike1951 » Sat Sep 19, 2009 6:06 pm

C-dub wrote:Also, regarding my wife, who does not have a CHL, if she wanted to carry under the MPA and a school parking lot were 30.06 posted would it apply to her? I'm thinking that because of the language it would not.
30.06 would not apply to a non-CHL. However, without a resident CHL, she would be in violation of the Federal Gun-Free School Zones (1000').
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Re: "Off Limits" locations for CHL's

#66

Post by Mike1951 » Sat Sep 19, 2009 6:13 pm

CHLady wrote:I'm new to this forum and have to admit I certainly wasn't expecting to see all this type of discussion on this topic. I thought I would find things like Mr. Cotton's first post and then things like a list of popular restaurant chains, etc. that one wouldn't think would have the 51% sign up but do. Seems like that sort of info would be helpful.
Although many locations have dedicated threads, member Russell has a clearing house type list here:

http://www.texas3006.com" onclick="window.open(this.href);return false;
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Re: "Off Limits" locations for CHL's

#67

Post by CHLady » Sat Sep 19, 2009 9:38 pm

Oh Wow! That's more what I was looking for! I appreciate the info and I'll look for those other threads you were talking about.
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Re: "Off Limits" locations for CHL's

#68

Post by c.com » Mon Jan 11, 2010 12:03 am

I'm assuming it is ok to carry at Mardi Gras, here in TX and LA?
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Re: "Off Limits" locations for CHL's

#69

Post by boomerang » Mon Jan 11, 2010 12:32 am

c.com wrote:I'm assuming it is ok to carry at Mardi Gras, here in TX and LA?
In Texas it would depend on the actual location. A 51% establishment (with proper signs) is off limits year round. Public streets and parks would seem to be allowed, because they're "owned or leased by a governmental entity." Private property can post 30.06 signs if they want.
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Re: "Off Limits" locations for CHL's

#70

Post by joe817 » Mon Jan 11, 2010 8:04 am

c.com wrote:I'm assuming it is ok to carry at Mardi Gras, here in TX and LA?
In LA, ANY establishment that serves beer and liquor is strictly off limits to CHL holders. Please go to the "Other States" forum to look up LA carry laws. :tiphat:
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Re: "Off Limits" locations for CHL's

#71

Post by chabouk » Mon Jan 11, 2010 11:47 am

joe817 wrote:
c.com wrote:I'm assuming it is ok to carry at Mardi Gras, here in TX and LA?
In LA, ANY establishment that serves beer and liquor is strictly off limits to CHL holders. Please go to the "Other States" forum to look up LA carry laws. :tiphat:
Well, it is according to one law, but not according to another. Forgive me for not linking directly to the LA statutes, but I recall that there's one which says all guns are banned where alcohol is sold, but their actual CHL law only bans carry in their equivalent of 51% locations (21+, primarily devoted to serving for on-premises consumption). Or maybe it's the other way around. Either way, there are conflicting statutes in LA.

The problem with Mardi Gras in LA is that all carry is banned "at" any parade which requires a permit (even if you don't intend to be there, and are just walking down the street while a parade goes by). And all Mardi Gras parades in LA require permits.

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Re: "Off Limits" locations for CHL's

#72

Post by joe817 » Mon Jan 11, 2010 12:00 pm

Thank you for your input chabouk. :tiphat:

Here's one website for LA laws: http://www.louisianacarry.org/laws/index.htm" onclick="window.open(this.href);return false;

Here's the statute that addresses carrying where alcohol is served:

"§95.5. Possession of firearm on premises of alcoholic beverage outlet:
A. No person shall intentionally possess a firearm while on the premises of an alcoholic beverage outlet.
B. "Alcoholic beverage outlet" as used herein means any commercial establishment in which alcoholic beverages of either high or low alcoholic content are sold in individual servings for consumption on the premises, whether or not such sales are a primary or incidental purpose of the business of the establishment.
C. The provisions of this Section shall not apply to the owner or lessee of an alcoholic beverage outlet, or to an employee of such owner or lessee, or to a law enforcement officer or other person vested with law enforcement authority acting in the performance of his official duties.
D. Whoever violates the provisions of this Section shall be fined not more than five hundred dollars or imprisoned for not more than six months, or both.
Acts 1985, No. 765, §1. "

That's cut and dried enough for me to not carry in ANY place that serves liquor. YMMV.
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rmoraes
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Re: "Off Limits" locations for CHL's

#73

Post by rmoraes » Mon Jan 11, 2010 2:04 pm

B"H
Good day y'all!
Are the Presidential Libraries in TX "off-limits' to CHL's?
G-d bless y'all!
:tiphat:
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Re: "Off Limits" locations for CHL's

#74

Post by seamusTX » Mon Jan 11, 2010 3:27 pm

rmoraes wrote:Are the Presidential Libraries in TX "off-limits' to CHL's?
As far as I know, all presidential libraries are run by private foundations. They would not be off-limits unless they post 30.06 signs.

However, some are on university property. IANAL, YMMV, etc.

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Mike1951
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Re: "Off Limits" locations for CHL's

#75

Post by Mike1951 » Mon Jan 11, 2010 9:33 pm

joe817 wrote:
c.com wrote:I'm assuming it is ok to carry at Mardi Gras, here in TX and LA?
In LA, ANY establishment that serves beer and liquor is strictly off limits to CHL holders. Please go to the "Other States" forum to look up LA carry laws. :tiphat:
Here is where the conflict arises:
RS 40:1379.3
N. No concealed handgun may be carried into and no concealed handgun permit issued pursuant to this Section shall authorize or entitle a permittee to carry a concealed handgun in any of the following:

(10) Any portion of the permitted area of an establishment that has been granted Class A-General retail permit, as defined in Part II of Chapter 1 or Part II of Chapter 2 of Title 26 of the Louisiana Revised Statutes of 1950, to sell alcoholic beverages for consumption on the premises.

RS 26:71.1
§71.1. Class A permit; definitions
The commissioner shall issue the following four types of Class A retail liquor permits:
(1) Class A-General:
(a) A Class A-General retail permit shall be issued only to a retail outlet where beverage alcohol is sold on the premises for consumption on the premises by paying customers. Such an establishment must be equipped with a permanent wet bar equipped with a non-movable sink and a backbar or similar equipment for public display and to inform the public of brands and flavors offered for sale.
(b) A Class A-General retail establishment shall be staffed by a bartender whose primary duty is to open and/or prepare beverage alcohol products for consumption on the premises by paying customers, or prepared with an appropriate lid or cover on the container for take out service. Such an establishment must meet all state and local zoning requirements as set forth by the state and by parishes and municipalities where a Class A-General retail outlet is located.
(c) Repealed by Acts 1995, No. 1016, §2.
(d) A Class A-General retail permit shall be issued only to an establishment where the state law provides that no person under the age of eighteen years is allowed on the premises except as provided in R.S. 26:90(A)(8)(a).
(e) Notwithstanding the provisions of Subparagraphs (a) through (d) of this Paragraph, the commissioner may issue a Class A-General liquor permit to any bona fide commercial film theater which had a Class A liquor permit on January 1, 1994.
(f) Notwithstanding the provisions of Subparagraphs (a) through (e) of this Paragraph, the commissioner may issue a Class A-General retail permit to any retail establishment for consumption on or off the premises. Such establishment must meet all state and local zoning requirements as set forth by the state and by parishes and municipalities where the retail outlet is located. A Class A-General retail permit issued pursuant to the authority granted by this Subparagraph shall not be deemed or qualify as a prerequisite for the issuance of any other type license or permit issued by the state or any political subdivisions thereof.
(g) The licensed premises of a Class A-General retail permit shall be able to accommodate a minimum of twenty-five patrons and contain no less than three hundred seventy-five square feet of public habitable floor area.
(h) The commissioner shall promulgate rules regarding requirements related to the number and location of public restrooms to be used in conjunction with the licensed premises of each Class A-General retail permit.
(i) Any Class A-General retail permit application submitted prior to September 1, 2001, shall not be required to meet the qualifications set forth in Subparagraph (g) of this Paragraph.
(2) Class A-Restaurant:
A Class A-Restaurant permit shall be issued only to a "restaurant establishment" as defined by R.S. 26:73(B) and issued to a facility in conjunction with a Class "R" restaurant permit under the provisions of R.S. 26:73.

RS 26:90
§90. Acts prohibited on licensed premises; suspension or revocation of permits

A. No person holding a retail dealer's permit and no agent, associate, employee, representative, or servant of any such person shall do or permit any of the following acts to be done on or about the licensed premises:

(8)(a) Employ anyone under the age of eighteen in any capacity in an establishment where the sale of alcoholic beverages constitutes its main business unless the minor is a musician performing in a band on the premises under written contract with the permittee for a specified time period and is under the direct supervision of his parent or guardian during such time. If the sale of alcoholic beverages does not constitute the main business of the establishment, anyone under the age of eighteen may be employed as long as the minor's employment does not involve the sale, mixing, dispensing, or serving of alcoholic beverages for consumption on the premises.
Carry is only restricted in those locations issued a Class A - General license. By definition, those locations bar admission to anyone under 18.

There is no restriction for the Class A - Restuarant license. In short, a restuarant that serves alcohol and does not restrict admission under the age of 18, is legal to carry there.
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