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Re: 51% Sign Wording - "Weapon" versus concealed handgun

Posted: Tue Mar 25, 2014 10:55 pm
by FourTeeFive
jbarn wrote: You are off track. Go back and read my first post in this thread. When used in the TABC signs, "weapon" refers to those listed in penal code 46.02, Unlawful Carrying Weapons. Handguns, Illegal Knives and Clubs.
I was responding to Keith B saying that TPC 46 under weapons is where general firearms are listed and why a rifle would be covered under the 51% sign. This is a good example where the confusion starts to come into play.

Re: 51% Sign Wording - "Weapon" versus concealed handgun

Posted: Wed Mar 26, 2014 6:32 am
by jbarn
FourTeeFive wrote:
jbarn wrote: You are off track. Go back and read my first post in this thread. When used in the TABC signs, "weapon" refers to those listed in penal code 46.02, Unlawful Carrying Weapons. Handguns, Illegal Knives and Clubs.
I was responding to Keith B saying that TPC 46 under weapons is where general firearms are listed and why a rifle would be covered under the 51% sign. This is a good example where the confusion starts to come into play.
Did Keith write that 51% covers rifles? It doesn't. It covers handguns, illegal knives, and clubs.

Re: 51% Sign Wording - "Weapon" versus concealed handgun

Posted: Wed Mar 26, 2014 8:03 am
by Keith B
FourTeeFive wrote:
jbarn wrote: You are off track. Go back and read my first post in this thread. When used in the TABC signs, "weapon" refers to those listed in penal code 46.02, Unlawful Carrying Weapons. Handguns, Illegal Knives and Clubs.
I was responding to Keith B saying that TPC 46 under weapons is where general firearms are listed and why a rifle would be covered under the 51% sign. This is a good example where the confusion starts to come into play.
jbarn is correct. My post may not have been clear. The 51% sign violator would be charged under 46.02 which is illegal weapon.

However, as I stated, a sign that says specifies the statute and type of weapon ionly relates to that weapon (i.e. 30.06 and concealed handgun). Illegal weapons are still illegal and you would be charged for carrying those no matter under 46.02.

Re: 51% Sign Wording - "Weapon" versus concealed handgun

Posted: Wed Mar 26, 2014 10:44 am
by FourTeeFive
Keith B wrote:
FourTeeFive wrote:
jbarn wrote:
jbarn is correct. My post may not have been clear. The 51% sign violator would be charged under 46.02 which is illegal weapon.

However, as I stated, a sign that says specifies the statute and type of weapon ionly relates to that weapon (i.e. 30.06 and concealed handgun). Illegal weapons are still illegal and you would be charged for carrying those no matter under 46.02.
And there is my point. The 51% sign verbage says "weapon", not "illegal weapon". Since these are legally-enforceable signs where is the backup definition of what a "weapon" is as listed on the 51% sign. Not an "illegal weapon" because the sign doesn't say "illegal weapon". This is my confusion. I don't think I'm being unreasonable here; how am I supposed to know what a "weapon" is in reference to the 51% sign?

So, since a rifle isn't on the "illegal weapon" list, it isn't covered under the 51% sign?

Re: 51% Sign Wording - "Weapon" versus concealed handgun

Posted: Wed Mar 26, 2014 10:47 am
by FourTeeFive
And my apologies here, guys, if I'm coming across like I'm challenging everything. I am literally trying to understand the 51% signage, and how it applies to rifles.

Re: 51% Sign Wording - "Weapon" versus concealed handgun

Posted: Wed Mar 26, 2014 12:17 pm
by jbarn
FourTeeFive wrote:
Keith B wrote:
FourTeeFive wrote:
jbarn wrote:
jbarn is correct. My post may not have been clear. The 51% sign violator would be charged under 46.02 which is illegal weapon.

However, as I stated, a sign that says specifies the statute and type of weapon ionly relates to that weapon (i.e. 30.06 and concealed handgun). Illegal weapons are still illegal and you would be charged for carrying those no matter under 46.02.
And there is my point. The 51% sign verbage says "weapon", not "illegal weapon". Since these are legally-enforceable signs where is the backup definition of what a "weapon" is as listed on the 51% sign. Not an "illegal weapon" because the sign doesn't say "illegal weapon". This is my confusion. I don't think I'm being unreasonable here; how am I supposed to know what a "weapon" is in reference to the 51% sign?

So, since a rifle isn't on the "illegal weapon" list, it isn't covered under the 51% sign?
There is no such animal as "illegal weapon" The signs, both 51% and the blue sign, refer to penal code 46.02. The title of 46.02 is Unlawful Carrying Weapons. That title is from where the word "weapons" comes.

Rifles are not covered under the 51% sign. Repeat after me, Handguns, Illegal Knives and Clubs. :mrgreen:

Re: 51% Sign Wording - "Weapon" versus concealed handgun

Posted: Wed Mar 26, 2014 1:14 pm
by bayouhazard
There are prohibited weapons in 46.05 but that's stuff like bombs and sawed off shotguns.

There are also places rifles are prohibited in 46.03 like courtrooms if you're not LEO.

The best way to understand 46 is read all of 46 in context. For example, TSA considers toe nail clippers weapons, but they're legal to carry without a license in Texas. :mrgreen:

Re: 51% Sign Wording - "Weapon" versus concealed handgun

Posted: Wed Mar 26, 2014 4:48 pm
by Keith B
jbarn wrote:
FourTeeFive wrote:
Keith B wrote:
FourTeeFive wrote:
jbarn wrote:
jbarn is correct. My post may not have been clear. The 51% sign violator would be charged under 46.02 which is illegal weapon.

However, as I stated, a sign that says specifies the statute and type of weapon ionly relates to that weapon (i.e. 30.06 and concealed handgun). Illegal weapons are still illegal and you would be charged for carrying those no matter under 46.02.
And there is my point. The 51% sign verbage says "weapon", not "illegal weapon". Since these are legally-enforceable signs where is the backup definition of what a "weapon" is as listed on the 51% sign. Not an "illegal weapon" because the sign doesn't say "illegal weapon". This is my confusion. I don't think I'm being unreasonable here; how am I supposed to know what a "weapon" is in reference to the 51% sign?

So, since a rifle isn't on the "illegal weapon" list, it isn't covered under the 51% sign?
There is no such animal as "illegal weapon" The signs, both 51% and the blue sign, refer to penal code 46.02. The title of 46.02 is Unlawful Carrying Weapons. That title is from where the word "weapons" comes.

Rifles are not covered under the 51% sign. Repeat after me, Handguns, Illegal Knives and Clubs. :mrgreen:
That's what I get for posting in a hurry. As jbarn stated, here is the code that would apply to the 51% sign:
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:
(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.

Re: 51% Sign Wording - "Weapon" versus concealed handgun

Posted: Wed Mar 26, 2014 5:16 pm
by FourTeeFive
Ok guys, now I finally get it. All it took was a few hits over the head.

Thank you very much for your help!

Re: 51% Sign Wording - "Weapon" versus concealed handgun

Posted: Wed Mar 26, 2014 8:35 pm
by howdy
Soooo Jbarn and KeithB....you guys are saying it is legal to carry a rifle into a bar or any place that sells/serves alchohol?

Re: 51% Sign Wording - "Weapon" versus concealed handgun

Posted: Wed Mar 26, 2014 8:38 pm
by jbarn
howdy wrote:Soooo Jbarn and KeithB....you guys are saying it is legal to carry a rifle into a bar or any place that sells/serves alchohol?

You didn't see either one of us post that. We answered specific questions. In fact, if you reread the thread you will see several references to unlawful rifle carry.

Neither penal code 46.02 making it a felony to carry a handgun unlicensed into place that sells or services alcoholic beverages, nor 46.035 which makes it unlawful to caary a handgun imto a 51% location, has anything to do with rifles. Therefore, the word "weapon" on blue and red signs does not address rifles.

See penal code 42.01. Also, under TABC laws a place that serves cannot allow unlicensed firearms inside. They will tell you no, and if you do so anyway you are trespassing.

Re: 51% Sign Wording - "Weapon" versus concealed handgun

Posted: Wed Mar 26, 2014 8:42 pm
by nightmare
howdy wrote:Soooo Jbarn and KeithB....you guys are saying it is legal to carry a rifle into a bar or any place that sells/serves alchohol?
It is a TABC violation for the licensee to allow it but it's not illegal for me to do it. Well, not illegal under the gun laws, but overzealous "disturbing the peace" arrests are a favorite tool of anti gun tools.

Conceal the AK under folder in a tennis bag and everybody is happy. :evil2:

Re: 51% Sign Wording - "Weapon" versus concealed handgun

Posted: Wed Mar 26, 2014 11:22 pm
by FourTeeFive
All is well. The evening was a private retirement party for an individual that we presented with a very nice lever-action rifle. I wanted to be within the gun laws, which explains all of my questions.

The funny part was going through the door with the box, which I had folded over the manufacturer label, and the doorman still recognized the stamp on the box. He later came to our event, and along with the wait staff was very impressed with the rifle.

Have I mentioned I love being around reasonable people who can appreciate a firearm for what it is?