what is the point of this.....

[gringo pistolero]

All I see is a law requiring the business to post the sign. Can you show me where it says it's illegal for Bubba to have a shotgun in a country store that sells beer?

I think the sign is referring to subsection (c) of the 46.02 "UNLAWFUL CARRYING WEAPONS" law. Since that law does not prohibit carrying shotguns, I think Bubba isn't breaking the law.

Makes sense.

A double barrel shotgun seems like the right gun if you're seeing double.

[sjfcontrol]

All I see is a law requiring the business to post the sign. Can you show me where it says it's illegal for Bubba to have a shotgun in a country store that sells beer?

I think the sign is referring to subsection (c) of the 46.02 "UNLAWFUL CARRYING WEAPONS" law. Since that law does not prohibit carrying shotguns, I think Bubba isn't breaking the law.

Makes sense.

A double barrel shotgun seems like the right gun if you're seeing double.

Is that why Biden likes them?

[Wes]

And what makes you think that a "blue sign" business can't also post a 30.06 sign?

Hmm... never seen a 30.06 sign in the same place and I've been actively looking for over 10 years. Also never heard of it- and all my instructors made the comment about this sign being your "come on in sign." If it existed, I would have expected some instructor or someone on this forum to have mentioned it.

Could it exist? I think so... but if I'm actively looking for 30.06 and can't find them, I suspect it won;t meet the requirements anyway. I'm not going to stress out hunting for additional signage.

Ive seen it before, specifically at chuckle cheese. if they serve alcohol, which is most of them, then they have a blue sign and they all put up a 30.06 sign.

[thetexan]

So...

What is the punishment for the unlicensed possession of a firearm in the same location if it doesnt sell alchohol and doesnt have the 'Unlicensed...' sign in front or a 3006, say at a shoestore?

tex

[RottenApple]

So...

What is the punishment for the unlicensed possession of a firearm in the same location if it doesnt sell alchohol and doesnt have the 'Unlicensed...' sign in front or a 3006, say at a shoestore?

tex

It's a misdemeanor, I believe.

[Panda]

Without the enhancement it is a class A misdemeanor with a penalty of up to a year in jail and a fine up to $4000.

[denwego]

There is another side to this as these signs say 'weapon'. Carry of a long gun is not illegal in Texas, but if you enter property with a blue sign, then you are committing a felony.

Where does it say that in the law? It's not part of 46.03 that prohibits firearms certain places.

46.035 doesn't, but TABC laws do. So you are violating the TABC law.

What TABC law says that?

http://www.tabc.state.tx.us/laws/code/8 ... Titles.pdf" onclick="window.open(this.href);return false;

Sec. 11.041. WARNING SIGN REQUIRED. (a) Each holder of a permit who is not otherwise required to display a sign under Section 411.204, Gov’t. Code, shall display in a prominent place on the permit holder’s premises a sign giving notice that it is unlawful for a person to carry a weapon on the premises unless the weapon is a concealed handgun of the same category the person is licensed to carry under Section 411.204, Gov’t. Code.

The sign requirements state that it is a felony to posses the weapon on the premises, and here is the penalty

Sec. 12.35. STATE JAIL FELONY PUNISHMENT. (a) Except as provided by Subsection (c), an individual adjudged guilty of a state jail felony shall be punished by confinement in a state jail for any term of not more than two years or less than 180 days.
(b) In addition to confinement, an individual adjudged guilty of a state jail felony may be punished by a fine not to exceed $10,000.
(c) An individual adjudged guilty of a state jail felony shall be punished for a third degree felony if it is shown on the trial of the offense that:
(1) a deadly weapon as defined by Section 1.07 was used or exhibited during the commission of the offense or during immediate flight following the commission of the offense, and that the individual used or exhibited the deadly weapon or was a party to the offense and knew that a deadly weapon would be used or exhibited; or
(2) the individual has previously been finally convicted of any felony:
(A) under Section 21.02 or listed in Section 3g(a)(1), Article 42.12, Code of Criminal Procedure; or
(B) for which the judgment contains an affirmative finding under Section 3g(a)(2), Article 42.12, Code of Criminal Procedure.

That quotation doesn't make it illegal to carry a long gun in a licensed or permitted location. It says that the premises must be posted with a sign. The second section prescribes the punishments for a SJF offense or enhancement to a 3rd-degree felony, but says nothing about carrying firearms.

The "weapons" the signs refer to are handguns, illegal knives, and clubs. The reason why they says "the unlicensed possession of a weapon..." is because the crime they refer to is §46.02, which is called "Unlawful Carrying Weapons". It doesn't mean all weapons, just those three types. And the punishment for it on a licensed/permitted location is indeed a 3rd-deg.-Felony, so in their convoluted way, they are entirely correct. They're just being disingenuous by wording the sign in a technically-correct manner and happily ignoring the fact that "weapon" doesn't include rifles, shotguns, tasers, smaller knives, and countless other things the layman thinks of as being a weapon. They want you to think it means 100% of weapons, which isn't the case.

Anyone who wants to can pop on to the Texas Legislature's search webpage (http://www.statutes.legis.state.tx.us/Search.aspx) and search the Alcoholic Beverage Code, Penal Code, or hell, the entire corpus of Texas law for "firearm" or "weapon" or "rifle" or the like, and you can confirm what I say with your own eyes, since I can't post an absence of law as positive proof. There simply is no law saying long guns are no-go on TABC locations. The closest there is would probably be this:

§11.61(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:
(1) who holds a security officer commission issued under Chapter 1702, Occupations Code, if:
(A) the person is engaged in the performance of the person's duties as a security officer;
(B) the person is wearing a distinctive uniform; and
(C) the weapon is in plain view;
(2) who is a peace officer;
(3) who is a permittee or an employee of a permittee if the person is supervising the operation of the premises; or
(4) who possesses a concealed handgun of the same category the person is licensed to carry under Subchapter H, Chapter 411, Government Code, unless the person is on the premises of a business described by Section 46.035(b)(1), Penal Code.

So if you carried a long arm openly and the licensee/permittee/agent thereof saw you carrying it, and then didn't tell you to leave or make you leave, then their license or permit would be revoked. That's plenty incentive to make you not carry, but it places no direct penalty on the person carrying the gun. If someone were carrying a long arm concealed, somehow, and the permittee didn't know you had it, etc., no foul for them. The exception here for CHL is that they're not forced to kick you off the premises for carrying your concealed handgun.

[android]

And what makes you think that a "blue sign" business can't also post a 30.06 sign?

Hmm... never seen a 30.06 sign in the same place and I've been actively looking for over 10 years. Also never heard of it- and all my instructors made the comment about this sign being your "come on in sign." If it existed, I would have expected some instructor or someone on this forum to have mentioned it.

Could it exist? I think so... but if I'm actively looking for 30.06 and can't find them, I suspect it won;t meet the requirements anyway. I'm not going to stress out hunting for additional signage.

Ive seen it before, specifically at chuckle cheese. if they serve alcohol, which is most of them, then they have a blue sign and they all put up a 30.06 sign.

Chuck E Cheese??? You have my greatest sympathy if you must patronize that establishment.

[tbrown]

All I see is a law requiring the business to post the sign. Can you show me where it says it's illegal for Bubba to have a shotgun in a country store that sells beer?

I think the sign is referring to subsection (c) of the 46.02 "UNLAWFUL CARRYING WEAPONS" law. Since that law does not prohibit carrying shotguns, I think Bubba isn't breaking the law.

Makes sense.

A double barrel shotgun seems like the right gun if you're seeing double.

I have two guns.



One for each of you.

[JJVP]

The sign says 'Unliscenced Posession." Since there's no such thing as a liscence requirement to posess a firearm in the Stata of Texas, this sign is nonsense! My CHL is 'Liscenced Concealed Carry." The only thing I have for possessing the firearm is my receipt from where I purchased it.

Unlicensed possession means someone that does NOT have a CHL (Concealed Handgun LICENSE). So if you don't have a CHL you are UNLICENSED and you CANNOT carry where the sign is required by law, for example, a liquor store. If you have a CHL, then the sign does not apply to you. Carry on.

But its already a crime to carry without a license. This kind of sign could go anywhere. This could be at Cheaper than Dirt...'The unlicensed possesion...". DUH!

Unless it's like was stated earlier. It adds to the punishment. Sorta like hating someone as you kill them makes it a hate crime and stiffens the penalty.

tex

No that sign is given by the TABC for business that sell alcohol. If you make more than 51% of sales of alcohol for on-site consumption, then you put the red 51% sign. If your receipts are less 51% of alcohol for on-site consumption, or you alcohol sale is not for on-site consumption (liquor store, supermarket, WalMart, etc) then you MUST, by LAW, put the "Unlicensed possession" sign. Cheaper than Dirt does not sell alcohol, so they should not put up that sign.

As you stated, the unlicensed possession on those types of businesses stiffens the penalty from Class A Misdemeanor to Felony.

[flechero]

And what makes you think that a "blue sign" business can't also post a 30.06 sign?

Hmm... never seen a 30.06 sign in the same place and I've been actively looking for over 10 years. Also never heard of it- and all my instructors made the comment about this sign being your "come on in sign." If it existed, I would have expected some instructor or someone on this forum to have mentioned it.

Could it exist? I think so... but if I'm actively looking for 30.06 and can't find them, I suspect it won;t meet the requirements anyway. I'm not going to stress out hunting for additional signage.

Well, you've now had an instructor and someone on this forum mention it -- me. There is nothing that says just because a business posts the blue sign, they can't also post 30.06. I'm not saying it has ever been done, just that there is nothing preventing it. Therefore it would be unsafe to presume that just because the blue sign is posted that you don't need to look for a 30.06 sign. They are not mutually exclusive.

Understood. Yes, I still look because I figured it "could" be posted but my point was only that in over 10 years I hadn't seen it so it's either very rare in my circles or wasn't to be found.

I saw the other post about chuckie cheese having both signs... I know they are 30.06 but never saw an "unlicensed possession" sign there before. Figures though, they are on the wall of shame at 30.06.com!

[Wes]

And what makes you think that a "blue sign" business can't also post a 30.06 sign?

Hmm... never seen a 30.06 sign in the same place and I've been actively looking for over 10 years. Also never heard of it- and all my instructors made the comment about this sign being your "come on in sign." If it existed, I would have expected some instructor or someone on this forum to have mentioned it.

Could it exist? I think so... but if I'm actively looking for 30.06 and can't find them, I suspect it won;t meet the requirements anyway. I'm not going to stress out hunting for additional signage.

Ive seen it before, specifically at chuckle cheese. if they serve alcohol, which is most of them, then they have a blue sign and they all put up a 30.06 sign.

Chuck E Cheese??? You have my greatest sympathy if you must patronize that establishment.

Not for years now thankfully