Carry in restaurant with bar...

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thetexan
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Carry in restaurant with bar...

#1

Post by thetexan » Sun Jun 22, 2014 9:51 pm

Is there a law that specifically deals with carrying in a restaurant like Texas Roadhouse or other restaurant that has a bar but derives less than 51% of its income from the sale of alcohol?

I know we can. But does that come from a specific law I've missed or from 42.035b1 only? ie...since 42.035b1 doesn't prohibit it, it is permissible. Under that deduction you could actually sit at the bar as long as you don't drink.

tex
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JP171
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Re: Carry in restaurant with bar...

#2

Post by JP171 » Sun Jun 22, 2014 10:07 pm

there is no law that says you can. Laws usually prohibit a thing not allow it. The exclusionary law is the 51% law so nope no law that specifies that you can except the whole CHL program/law

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jbarn
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Re: Carry in restaurant with bar...

#3

Post by jbarn » Sun Jun 22, 2014 10:10 pm

thetexan wrote:Is there a law that specifically deals with carrying in a restaurant like Texas Roadhouse or other restaurant that has a bar but derives less than 51% of its income from the sale of alcohol?

I know we can. But does that come from a specific law I've missed or from 42.035b1 only? ie...since 42.035b1 doesn't prohibit it, it is permissible. Under that deduction you could actually sit at the bar as long as you don't drink.

tex
It is chapter 46 rather than 42. ;-)

You could even sit at the bar at Roadhouse AND drink. Just don't get intoxicated. :cheers2:
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LabRat
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Re: Carry in restaurant with bar...

#4

Post by LabRat » Sun Jun 22, 2014 10:11 pm

thetexan wrote:Is there a law that specifically deals with carrying in a restaurant like Texas Roadhouse or other restaurant that has a bar but derives less than 51% of its income from the sale of alcohol?

I know we can. But does that come from a specific law I've missed or from 42.035b1 only? ie...since 42.035b1 doesn't prohibit it, it is permissible. Under that deduction you could actually sit at the bar as long as you don't drink.

tex
If the restaurant does not qualify as a "51%" location, then they must follow the same rules as any other business regarding the licensed possession of a firearm in an establishment. They must post 30.06 compliant signs as directed by that section of the law if they wish to prohibit.

While it's considered good planning not to drink while carrying a firearm, is there any reason why you would think drinking by a CHL is prohibited?

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Re: Carry in restaurant with bar...

#5

Post by Unicorn Rancher » Sun Jun 22, 2014 10:12 pm

Same as my local H.E.B. There is no law making grocery stores off limits and they don't post a 30.06 sign so legal to carry as CHL. The fact they sell alcohol is only a problem for people carrying illegally in the first place.


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thetexan
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Re: Carry in restaurant with bar...

#6

Post by thetexan » Sun Jun 22, 2014 10:15 pm

That's what I thought. I do seem to remember an attorney general's opinion or something like that that addressed it. I just can't remember.

thanks,
tex
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Re: Carry in restaurant with bar...

#7

Post by JKTex » Mon Jun 23, 2014 10:02 pm

thetexan wrote:That's what I thought. I do seem to remember an attorney general's opinion or something like that that addressed it. I just can't remember.

thanks,
tex
Nope.

Do you have a CHL? This is fundamental to anyone who went through the class. Someone above said is right, laws don't grant permission, they set limits or restrictions. There are laws pertaining to restrictions of carry in establishments that serve alcohol. Simply serving alcohol does not mean anything regarding the law.


lithium398
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Re: Carry in restaurant with bar...

#8

Post by lithium398 » Tue Jun 24, 2014 3:40 am

Should not be a probably if it's not posted


android
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Re: Carry in restaurant with bar...

#9

Post by android » Tue Jun 24, 2014 9:31 am

LabRat wrote:
While it's considered good planning not to drink while carrying a firearm, is there any reason why you would think drinking by a CHL is prohibited?

LabRat
You can't carry or drive while intoxicated. If you think you might become a menace while carrying after a drink or two, you should forgo the alcohol but drinking is not prohibited, only being intoxicated.

For example, if you drink at home and shoot up your house after four drinks, you should limit yourself to two drinks in public to be on the safe side.

The sign on the door controls the entire establishment. If it's blue, go in and go anywhere you want. If it's red, you must leave your firearm behind.


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Re: Carry in restaurant with bar...

#10

Post by 3dfxMM » Tue Jun 24, 2014 4:34 pm

The sign on the door controls the entire establishment. If it's blue, go in and go anywhere you want. If it's red, you must leave your firearm behind.
More accurately, it is the license that controls things. The sign on the door should reflect what the license says, but regardless of which sign is on the door, what is on the license is what matters.


android
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Re: Carry in restaurant with bar...

#11

Post by android » Tue Jun 24, 2014 6:11 pm

3dfxMM wrote:
The sign on the door controls the entire establishment. If it's blue, go in and go anywhere you want. If it's red, you must leave your firearm behind.
More accurately, it is the license that controls things. The sign on the door should reflect what the license says, but regardless of which sign is on the door, what is on the license is what matters.
True, sometimes they will accidentally (?) post the wrong sign. Just call TABC and file a complaint and they will make them put up the sign that matches the license.


GEM-Texas
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Re: Carry in restaurant with bar...

#12

Post by GEM-Texas » Sun Aug 17, 2014 11:16 am

The Central Market in San Antonio has posted a 51% sign. I talked to the manager to explain but he was saying that since they serve wine they need it. I've been too busy to call TABC. The manager said he would check and we will see.

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oohrah
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Re: Carry in restaurant with bar...

#13

Post by oohrah » Sun Aug 17, 2014 6:49 pm

GEM-Texas, it's easy enough to look up the HEB on the TABC web site and verify their license. I'm betting it is "Gun Sign BLUE". If they are posting the incorrect sign, you should file a complaint with the TABC and lt them handle it.
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Re: Carry in restaurant with bar...

#14

Post by CHLLady » Sun Aug 17, 2014 7:53 pm

I faced a similar dilemma this past week. I checked the restaurant's website and it said nothing about 30.06. I decide not to carry. Upon entering the restaurant there were no signs at all, not even the "Unlicensed possession" sign. Kicked myself all through dinner. Arrived at sunset, but left at 9 pm. I was not happy going to my vehicle in the dark, even with other passengers, since I was the DD.

Ugh! Lesson learned, call when in doubt. :grumble
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Re: Carry in restaurant with bar...

#15

Post by SigM4 » Sun Aug 17, 2014 9:10 pm

CHLLady wrote:I faced a similar dilemma this past week. I checked the restaurant's website and it said nothing about 30.06. I decide not to carry. Upon entering the restaurant there were no signs at all, not even the "Unlicensed possession" sign. Kicked myself all through dinner. Arrived at sunset, but left at 9 pm. I was not happy going to my vehicle in the dark, even with other passengers, since I was the DD.

Ugh! Lesson learned, call when in doubt. :grumble
Problem with calling is you're now giving them the ability to verbally tell you you can't carry. Why even open that door? My suggestion is to simply show up armed as you normally would. If you see a 30.06 or correct 51% sign you can excuse yourself to go disarm in the car. Usually I'd say not to even frequent such an establishment, but I understand sometimes it can't be helped when with a group.

Bottom line, don't call to ask, most places though not posted would probably tell you you can't carry as a standard response.
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