Author Topic: TABC vs Penal Code  (Read 4938 times)

kmedcalf

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TABC vs Penal Code
« on: May 29, 2014, 12:25:53 PM »
With all the conversations lately about Open Carry Texas and long guns in various places, I have been trying to piece together (for my own knowledge) the TABC Code, Government Code, and Penal Code to make sense of it all. (I do not own any long guns and have no intention of open carry even if/when it's legal).

In the Penal Code 46.01(3) the definition of firearm certainly seems to include long guns as well as handguns. Section 46.02 (Unlawful Carrying Weapons) appears to apply only to handguns, illegal knifes, and clubs. 46.02(c) says to carry these in a TABC licensed premises is a felony, but this apparently does not prohibit carry of long guns in TABC establishments. -- What am I missing here?

Section 46.035 (UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER) applies only to CHL holders and of course 46.035(b)(1) and 46.035(g) make that a felony for a CHL to carry in a 51% establishment.

The Government Code 411.204(a) requires the 51% sign on TABC licensed locations that meet the 51% criteria, and 411.204(d) says that TABC licensed locations that don't meet the 51% criteria may be required to post under the Alcoholic Beverage Code 11.041 or 11.61.

TABC code 11.041(a) requires the "Blue" TABC sign prohibiting "weapons" except for a concealed handgun by a CHL holder (but "weapon" is not defined anywhere in the code).

TABC code 11.61(e) allows the TABC to cancel a permit or license if they allow possession of a firearm on the premises with a few exceptions (CHL, Security Officer, Peace Officer, etc). Since this code says firearm, it appears to include long guns as well as handguns.

Now for the big questions
1.   The TABC "Blue" sign says "The unlicensed possession of a weapon on these premises is a felony...". Again, weapon is not defined and the Penal code appears to allow long guns, but not handguns, illegal knifes, and clubs in TABC locations.

2.   The TABC "Red" sign says "The licensed or unlicensed possession of a weapon on these premises is a felony..." Again, weapon is not defined and as I mentioned above Penal Code 46.035(b)(1) and 46.035(g) obviously make if a felony for a CHL holder. But where is the code that makes it a felony for the long gun?

Perhaps these codes are simply missing some essential definitions?

Thanks - I'm really just curious and trying to tie it all together in my mind.
« Last Edit: December 31, 1969, 06:00:00 PM by Guest »

TexasLawShield

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Re: TABC vs Penal Code
« Reply #1 on: May 29, 2014, 03:15:14 PM »
Thanks for the question kmedcalf.

As you pointed out, the statutes say what they say, however for people looking to open carry long guns into these establishments, you are correct in that 46.02 does not specifically prohibit the carrying of long guns in TABC-licensed establishments. However, any kind of no gun sign (a gun with a line through it, etc.) would be sufficient signage to keep someone out with their long gun.

Additionally, TABC code 11.61 as you cited, states that a TABC-licensed individual can lose their license if someone carries a long gun inside, which will probably lead to them asking you to leave. If you don't leave, then you will become a criminal trespasser.
« Last Edit: December 31, 1969, 06:00:00 PM by Guest »

kmedcalf

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Re: TABC vs Penal Code
« Reply #2 on: May 29, 2014, 03:47:48 PM »
Thanks. That's pretty much what I guessed, however from that it appears that the long gun carrier could at most face a criminal trespass and not a felony as the blue/red signs say, whereas a CHL holder could face a felony. That seems rather strange to me.
« Last Edit: December 31, 1969, 06:00:00 PM by Guest »