Author Topic: Carying in a liquor store with "SUBCHAPTER H CHAPTER 411" sign?  (Read 2654 times)

BugBreeder

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Carying in a liquor store with "SUBCHAPTER H CHAPTER 411" sign?
« on: January 23, 2017, 02:26:15 AM »
I am confused:
I live near Austin TX and I believed so far that carrying a legal gun in a liquor store ("For bars or a businesses that make 51 percent of their money from the sale of alcohol, all guns are banned even if you have a concealed handgun license"), so before going into my liquor store I left my gun in my car's safe.
But I discovered that my liquor store had a sign "NOTICE: IT IS UNLAWFUL FOR A PERSON TO CARRY A WEAPON ON THIS PREMISE UNLESS THE WEAPON IS A HANDGUN AND THE PERSON IS LICENSED UNDER SUBCHAPTER H, CHAPTER 411 OF THE GOVERNMENT CODE", the very same than Walmart and doubled in Spanish, which means "Gun Carry allowed as long as you have your CHL on you", confirmed by the store's manager.
So which law applies in this case, can a liquor store override the generic guns interdiction for such businesses?

kmedcalf

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Re: Carying in a liquor store with "SUBCHAPTER H CHAPTER 411" sign?
« Reply #1 on: January 23, 2017, 08:36:34 AM »
Bug, IANAL, however the 51% rule is for ON-SITE consumption, which is not allowed in a liquor store, so you are good to carry as long as you have the license. However, the owner can still ask you to leave if he wishes, and you must comply.

BugBreeder

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Re: Carying in a liquor store with "SUBCHAPTER H CHAPTER 411" sign?
« Reply #2 on: January 23, 2017, 03:18:37 PM »
No offense kmedcalf, but I really need the opinion of a specialized lawyer on this one, to be sure I can't lose my CHL if I am found on a liquor premise with a specific guns authorization while the generic law forbids them.
Plus the on-site consumption aspect is another matter, you have an explicit sign for this which states it is a minor crime / misdemeanor but totally unrelated to guns since it is a kind of property theft.

TexasLawShield

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Re: Carying in a liquor store with "SUBCHAPTER H CHAPTER 411" sign?
« Reply #3 on: January 23, 2017, 04:11:22 PM »
BugBreeder,

As mentioned above, the 51% signs deal specifically with establishments that derive 51% of more of their income from the sale of alcohol for on-premises consumption. For that reason, the signs will appear at bars, but not liquor stores.
Liquor stores however are able to post 30.06 and 30.07 signs, so be sure to look for them when going in with your firearm.

Thank you for your question.

BugBreeder

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Re: Carying in a liquor store with "SUBCHAPTER H CHAPTER 411" sign?
« Reply #4 on: January 25, 2017, 02:06:07 AM »
So, to avoid any doubt, I am allowed to lawfully concealed carry in a liquor store with the sign "NOTICE: IT IS UNLAWFUL FOR A PERSON TO CARRY A WEAPON ON THIS PREMISE UNLESS THE WEAPON IS A HANDGUN AND THE PERSON IS LICENSED UNDER SUBCHAPTER H, CHAPTER 411 OF THE GOVERNMENT CODE" as long as I have my CHL on me, even if I am spotted because my gun prints I have nothing to fear from the law, correct?

TexasLawShield

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Re: Carying in a liquor store with "SUBCHAPTER H CHAPTER 411" sign?
« Reply #5 on: January 26, 2017, 04:30:15 PM »
BugBreeder,

You are allowed to carry in a store with the sign you are describing. However, is someone notices your firearm and gives you oral notice to leave, then you must comply or you will be in violation of Texas Penal Code Section 30.06.

switch

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Re: Carying in a liquor store with "SUBCHAPTER H CHAPTER 411" sign?
« Reply #6 on: January 29, 2017, 02:26:09 PM »
Also, even if they have a 30.06 sign, if you ignore it, it's only a class C, will not affect your LTC. :)

Carlim5v

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Re: Carying in a liquor store with "SUBCHAPTER H CHAPTER 411" sign?
« Reply #7 on: April 09, 2017, 01:56:06 AM »
Your question helped me.