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Re: 51% Question

Posted: Thu Nov 15, 2012 5:02 pm
by Jaguar
9mmfan wrote:Turns out I was also mistaken about the place in Mineral Wells. Got a PM from a member lives out that way wondering to which place I was referring. Before responding, I double checked, and lo and behold, sign=red. It was Woody's on 180. We drive by it when we're out that way, and my wife has said she heard the burgers were good and that she would like to stop in some time. I swear I looked it up before and it said blue. So either something changed, or I just misremembered.
If you are ever out by Woody's again, look me up, I would be happy to go shoot off some rounds at the local range/club with you.

:cheers2:

Re: 51% Question

Posted: Thu Nov 15, 2012 5:21 pm
by 9mmfan
Okay, I did a little digging. As we know, the penal code defines firearms, which obviously includes handguns. It also, as we know, defines weapons to include handguns, clubs and illegal knives. Long guns are excluded from the definition, therefore are not considered weapons, simply firearms. All squares are rectangles, but not all rectangles are squares, for the geometrically minded amongst us.

I did find this in the Texas Administrative Code. Again, IANAL, so don't know how the TAC relates exactly to the TPC. Also whether the aforementioned definitions carry over into this, I am uncertain. Also, this encompasses the whole of premises licensed for on-premise consumption, not differentiating 'twixt restaurants and bars, so may be irrelevant, and then we would fall back on the penal code. Or, it could lay a blanket prohibition of the possession of firearms on licensed premises in general, barring the circumstances laid out here and in the TPC(i.e. a license holder may carry into a restaurant, but not a bar). Will pose that question to wiser heads here than mine. I did note that while the TPC states what is not permitted, the TAC (at least this portion) states what is permitted, or circumstances under which certain actions are. Whew.

I have highlighted the relevant portion in red. There were some interesting tidbits otherwise, so I have included the whole thing. For your enjoyment:
TITLE 16 ECONOMIC REGULATION
PART 3 TEXAS ALCOHOLIC BEVERAGE COMMISSION
CHAPTER 36 GUN REGULATION
RULE §36.1 Possession and Sale of Firearms on Licensed Premises
(a) Gun Shows. A permittee/licensee may use or allow a portion of the grounds, buildings, vehicles and appurtenances of the licensed premises for the use of gun shows if the permittee/licensee:
(1) suspends all sales, complimentary offers and consumption of all alcoholic beverages during the gun show including time required for preparation or set-up and dismantling of the gun show; and
(2) operates its licensed premises at a facility regularly used for special functions, directly or indirectly, under a lease, concession or similar agreement from a governmental entity or legally formed and duly recognized civic, religious, charitable, fraternal or veterans organization.
(b) Off-Premise Retailers and Gun Sales. The holder of a retail dealer's off-premise license, a wine and beer retail dealer's off-premise permit, a wine only package store or package store permit may allow the sale or offer for sale firearms at the licensed location if:
(1) alcoholic beverages are not being displayed or sold in any area where firearms are readily accessible or can be viewed; and
(2) the firearms are secure from the general public and are only accessible by employees of the person or entity offering the firearms for sale.
(c) On-Premise Possession of Firearms. Firearms may be possessed on premises licensed for on-premise consumption if:
(1) the firearm is in the possession of the permittee/licensee; or
(2) the firearm is:
(A) possessed for ceremonial and/or display purposes;
(B) disabled from use as a firearm while on the licensed premises;
(C) is possessed on the licensed premises in connection with charitable fundraising; and
(D) remains in the possession, control or supervision of person or persons acting on behalf of the charitable organization sponsoring the fundraising activity.

(d) Historical Reenactments. Pursuant to §11.61(i) of the Texas Alcoholic Beverage Code, a historical reenactment utilizing firearms maybe conducted on the premises of a permit or license if:
(1) the firearms are of the type, caliber, or gauge common to the era and event being reenacted;
(2) such firearms remain in the possession of members of the cast, production company, employees of the permit holder, or others directly involved in the reenactment and are not left unattended or accessible to unauthorized persons at all times such firearms are on the licensed premises;
(3) such firearms remain unloaded at all times while on the licensed premises except that the firearms may be loaded with blank ammunition firing no projectile;
(4) such firearms shall be handled in a safe manner so as to present no threat of injury to audience members or others because of discharge or other use;
(5) persons engaged in reenactments shall maintain a minimum of 15 feet intervals between those armed with pistols and all others, and 40 feet between those armed with shotguns and all others;
(6) the permittee shall adopt safety rules to be employed during the reenactment and such rules shall be read and signed by all employees of the permit holder involved in the reenactment prior to the beginning of the event; and
(7) the permittee provides the relevant Commission District Office or outpost notice of the reenactment at least three business days before the event.

Re: 51% Question

Posted: Thu Nov 15, 2012 5:36 pm
by 9mmfan
If you are ever out by Woody's again, look me up, I would be happy to go shoot off some rounds at the local range/club with you.
Thanks, appreciate that. We are out that way a handful of times a year. My wife's family has some land out that way, and are kind enough to let us stay there when we go out to visit and/or just trying to get some peace and quiet away from everyone. Unless they are out there trying to get some peace and quiet away from everyone. :rolll
We are actually planning (keeping those fingers crossed) to move to Weatherford 'round February, so when the dust settles, you just might hear from me. :thumbs2:

Re: 51% Question

Posted: Thu Nov 15, 2012 8:44 pm
by Jaguar
9mmfan wrote:
If you are ever out by Woody's again, look me up, I would be happy to go shoot off some rounds at the local range/club with you.
Thanks, appreciate that. We are out that way a handful of times a year. My wife's family has some land out that way, and are kind enough to let us stay there when we go out to visit and/or just trying to get some peace and quiet away from everyone. Unless they are out there trying to get some peace and quiet away from everyone. :rolll
We are actually planning (keeping those fingers crossed) to move to Weatherford 'round February, so when the dust settles, you just might hear from me. :thumbs2:
Excellent, I hope we can meet up.

My apologies to the OP for the thread drift. :oops: