Author Topic: 51% & 4413(29ee)  (Read 2515 times)

TAC

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51% & 4413(29ee)
« on: May 19, 2014, 06:33:30 PM »
I am a CHL and firearms instructor here in Texas and I've recently run across two things I cannot readily answer;

1) A recent student, and good friend, lives in a rural part of the State and a local gas station that sells alcohol recently posted a 51% sign. This appears to be in lieu of a proper TABC sign. He asked if he must still comply, knowing that the gas station does not meet the 51% from sales, consumption, etc., criteria. I told him that while he may be "technically" correct, he could still face legal issues because he's knowingly walking past a sign that informs him that it's a felony to carry there and it's obvious that the owner is, in effect, giving "effective notice" to NOT carry there! Your thoughts?

2) My job requires me to travel to hospitals all over north Texas. My company does not allow me to carry so I am sans firearm! However, I have noticed that every hospital has posted a 4413(29ee) sign in lieu of the current 30.06 sign. During my research over the past few years I was told that besides being a reference to the old Texas Statutes that the 4413(29ee) also informed the public that the hospital was a "teaching hospital" and therefore fell under the legal guise of an "educational institution." However, I can find NO written reference for that. Your thoughts?

Thank you in advance,
Daniel Watson
aka: TAC
Tactical Awareness Concepts, LLC
« Last Edit: December 31, 1969, 06:00:00 PM by Guest »

TexasLawShield

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Re: 51% & 4413(29ee)
« Reply #1 on: May 21, 2014, 03:37:39 PM »
First, your friend should contact the TABC to inquire about the 51% sign posted at the gas station. TABC has a public inquiry system that citizens may use to determine the status of a particular entity such as a "51% establishment."

It sounds like they may have posted the wrong sign. They should have posted a 30.06 sign instead of a 51% sign. Until confirmed by the TABC that this is not a 51% establishment, we recommend not entering the premises with your firearm.

Second, the 4413(29ee) sign was the precursor to the 30.06 sign. It is no longer legally valid. In order to properly prohibit a CHL holder from carrying into a hospital, there must be a 30.06 sign posted, the person must be verbally told that firearms are prohibited, or the establishment must be an educational facility, like UTMB. There is no requirement for a hospital to post that they are an educational institution.

Thanks for the question TAC. Hope that helps.
« Last Edit: December 31, 1969, 06:00:00 PM by Guest »