stvbrx wrote:Here is the sign:
It is different from everything discussed in this thread so far.
That sign refers to TABC Section 61.11 and Tx Penal Code 46.02 (below)
Texas Alcoholic Beverage Code - Section 61.11. Warning Sign Required
ยง 61.11. WARNING SIGN REQUIRED. (a) Each holder of a
license who is not otherwise required to display a sign under
Section 411.204, Government Code, shall display in a prominent
place on the license 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 Subchapter H, Chapter 411, Government Code.
(b) The sign must be at least 6 inches high and 14 inches
wide, must appear in contrasting colors, and shall be displayed in a
conspicuous manner clearly visible to the public. The commission or
administrator may require the holder of the license to also display
the sign in a language other than English if it can be observed or
determined that a substantial portion of the expected customers
speak the other language as their familiar language.
Now, what does the sign purport to restrict:
TX Penal Code Sec. 46.02. UNLAWFUL CARRYING WEAPONS. (a) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun, illegal knife, or club if the person is not:
(1) on the person's own premises or premises under the person's control; or
(2) inside of or directly en route to a motor vehicle that is owned by the person or under the person's control.
(a-1)
A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun in a motor vehicle that is owned by the person or under the person's control at any time in which:
(1) the handgun is
in plain view; or
(2) the person is:
(A)
engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic;
(B) prohibited by law from possessing a firearm; or
(C) a
member of a criminal street gang, as defined by Section 71.01.
(a-2) For purposes of this section, "premises" includes real property and a recreational vehicle that is being used as living quarters, regardless of whether that use is temporary or permanent. In this subsection, "recreational vehicle" means a motor vehicle primarily designed as temporary living quarters or a vehicle that contains temporary living quarters and is designed to be towed by a motor vehicle. The term includes a travel trailer, camping trailer, truck camper, motor home, and horse trailer with living quarters.
(b) Except as provided by Subsection (c), an offense under this section is a Class A misdemeanor.
(c)
An offense under this section is a felony of the third degree if the offense is committed on any premises licensed or issued a permit by this state for the sale of alcoholic beverages.
---------
If concealed, you aren't comitting any offense 1)
Don't engage in any criminal activity and you are OK under A)
If licensed, you obviousy aren't prohibted from having a handgun under B)
You better not join any street gangs, else you would commit an offense under C)
And, the exception in TABC 61.11 says you can carry there if you have your CHL, since you are exempt from the general prohibition to carry there by virtue of your license, ... just don't plain view it or join a street gang or engage in criminal activity there
Essentially, I'd consider that an
outdated BLUE TABC *under 51%* sign and you can carry there.
To be in compliance with TABC, they should replace the outdated sign with the one Keith B posted above, but even the outdated one still doesn't keep a CHL from carrying there legally. The
old sign only mentions a
$5,000 fine for
unlicensed carry there, but the new sign shows
$10,000 fine for
unlicensed carry there.
My general "Rule of Thumb" is ===
If you don't see a COMPLIANT - OVER 51% RED sign , and don't see a COMPLIANT 30.06 sign, it's probably safer and wiser (
and legal, unless otherwise a prohibited place/federal property/school building etc etc) to go on and carry there than risk having a gun
in plain view while unholstering it to store in your car.
In other words,
Learn the TWO signs that prohibit carrying in a place, ignore all other signs which are not compliant. And, learn places that are prohibited.
Like c-dub said,
Some convenience stores, restaurants etc may still have that OUTDATED "under 51%/off premise" sign, but you can carry there if licensed, because it isn't an "over 51% nor 30.06 sign".
I ain't an attorney. (Ain't is a contraction of AM not, as opposed to han't or hain't or hadn't = has not or have not or had not .... Ain't is NOT a contraction or ARE not, please use "aren't" for that)