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Carrying in a school owned suburban

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  • AustinN4

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    Nov 27, 2013
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    Same applies here. While the chances of getting caught are slim, what are the consequences if he is caught? It could lead to an arrest, and it could lead to termination of employment; neither of which are appealing. Simply taking his own vehicle would neutralize any chance of those results, which for the nominal cost in gas is cheap insurance indeed!
    Good advice, IMO.
    Guns International
     

    locke_n_load

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    Apr 9, 2013
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    For example, we went out to eat on Saturday and I was concealed carrying. As our table wasn't ready, we were asked to wait in the bar. I wouldn't enter the are despite the fact that it was part of the restaurant and lacked of a 51% sign as the old adage "if it looks like a bar, it's probably one" kept running through my head. In other words, if there is any doubt whatsoever it's always best to err on the side of caution.

    This doesn't make much sense to me. This restaurant had a bar area that you refused to sit at, even though they had no 51% posted? You sitting at the bar or not, it would not matter, if the restaurant was a 51% location, the entire building would be off limits, it would not matter where you sat. I know other states are different, but that's not how it works in Texas. So you were either breaking the law or not, it would not matter if you were at the "bar" part of the restaurant.
    You can also look up an establishment's 51% status via the TABC website pretty easily.
     

    majormadmax

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    San Antonio!
    This doesn't make much sense to me. This restaurant had a bar area that you refused to sit at, even though they had no 51% posted? You sitting at the bar or not, it would not matter, if the restaurant was a 51% location, the entire building would be off limits, it would not matter where you sat. I know other states are different, but that's not how it works in Texas. So you were either breaking the law or not, it would not matter if you were at the "bar" part of the restaurant.
    You can also look up an establishment's 51% status via the TABC website pretty easily.

    Restaurant bars have always been an area of concern when carrying, some are their own "entity" and treated as a separate business.

    While I was pretty sure it was OK, I didn't see a blue "unlicensed possession" TABC sign either so I erred on the side of caution and just kept out.

    I prefer not to consume alcohol while I am carrying anyway, given the vagueness of "intoxicated" when it comes to carrying (see more below); so with no intent to drink there wasn't any reason for me to be in the bar.

    But again, my point is if there is any doubt, err on the side of caution.

    Penal Code Section 46.035:
    (d) A license holder commits an offense if, while intoxicated, the
    license holder carries a handgun under the authority of Subchapter H,
    Chapter 411, Government Code, regardless of whether the handgun is
    concealed.

    Government Code Section 411.171:
    (4)(6) "Intoxicated" has the meaning assigned by Section 49.01, Penal Code.

    Penal Code Section 49.01
    (2) "Intoxicated" means:
    (A) not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body; or
    (B) having an alcohol concentration of 0.08 or more.
     

    locke_n_load

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    Apr 9, 2013
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    Houston, TX
    Restaurant bars have always been an area of concern when carrying, some are their own "entity" and treated as a separate business.

    While I was pretty sure it was OK, I didn't see a blue "unlicensed possession" TABC sign either so I erred on the side of caution and just kept out.

    I prefer not to consume alcohol while I am carrying anyway, given the vagueness of "intoxicated" when it comes to carrying (see more below); so with no intent to drink there wasn't any reason for me to be in the bar.

    But again, my point is if there is any doubt, err on the side of caution.

    Either the restaurant or a independent vendor runs the bar. Whatever liquor license they have applies to the premises, not just the "bar" area. Texas Penal Code makes no distinction for a bar area, only premises. If an independent vendor did run the bar, their license for business would be the same address as the restaurant, making the whole building off limits if their license was a 51%. So it doesn't matter where you sit in a building with a bar in Texas - either the entire building is good for carry or off limits for carry.
     

    Inarus

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    Jun 24, 2017
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    US
    Update:

    I left without the the firearm. At the time I did not want to risk it not did I have district permission.

    After I got to the hotel the Sup emailed me back and granted permission. I could have brought it. But had she said no or I been pulled over prior to I would have been in trouble.

    Next time I'll get permission well in advance or drive myself.

    Sent from my VS986 using Tapatalk
     

    easy rider

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    Jun 10, 2015
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    Take the suburban, take the firearm. Just leave the firearm at the hotel when at the conference .
    I see two possible bad outcomes that could result from this, loss of rights (granted it may be for a short time) and loss of job.
    As Majormadmax stated, I will err on the side of caution, both are important to me.
     

    majormadmax

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    Either the restaurant or a independent vendor runs the bar. Whatever liquor license they have applies to the premises, not just the "bar" area. Texas Penal Code makes no distinction for a bar area, only premises. If an independent vendor did run the bar, their license for business would be the same address as the restaurant, making the whole building off limits if their license was a 51%. So it doesn't matter where you sit in a building with a bar in Texas - either the entire building is good for carry or off limits for carry.

    Yeah, I understand that; but I also know that things aren't always appear that black-and-white and while a person may eventually be cleared of charges it doesn't mean they'll avoid the ride.

    As others have attested to, what the penal code states and what happened to them in real life are not always the same. I for one would prefer to steer clear of any potential problems when possible, it's called risk management. If I am armed and have no reason to be in a bar, 51% sign or not, then why bother?
     
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