30.06 question

[San Antone RR]

I just accepted a position to manage a pretty busy bar on the southside. I know that patrons can't carry in a 51% location, but does that apply to staff in the bar? I am going to be dealing with large amounts of cash every night and am going to be leaving in the wee hours. The bar does not have a safe, so I am going to be leaving with the cash on me and running it to a night deposit at a local bank.
I am not very excited about the idea and have already been talking about putting a safe in the bar to keep the funds in overnight so I don't have to carry it out at 3am; who knows where that goes... I am less thrilled with the thought of going to my car, arming myself, then going back in and getting the cash.
Spent a while looking and couldn't find the answer I need. Anyone know if the staff is exempted from 30.06? The bar is a family owned place and has no specific policy for or against carry. The owner carries himself and says he can legally carry and would prefer I DO carry, but does not know whether the exemption extends to me. Any insight out there?

Steve

 

[border bandit]

If the owner gives you permission you go to the tx chl sight and read i idont hve the book in front of me but educate by looking ut up and photo copy the statute and keep with you

 

[B17-FE]

Maybe "PC 9.43 Protection of third person's property" (page 62 Tx concealed handgun laws)
As you are the owners designated trustee (he requested you to guard his personal property).
When in doubt give DPS in Austin a call.

 

[cuate]

"Tis better to be tried by a jury than carried by pallbearers" , on the other hand get the boss to give you permission, on a signed piece of paper for your wallet.....

 

[KAK]

Get an KelTec PF-9 and no one will be the wiser.

 

[Bithabus]

You are exempt from 46.02.

(b) Section 46.02 does not apply to a person who:
(7) holds an alcoholic beverage permit or license or is an employee of a holder of an alcoholic beverage permit or license if the person is supervising the operation of the permitted or licensed premises; or

This means you can carry in the bar without a CHL, and the CHL prohibition in 46.035 (no 51% carry) doesn't apply to you. You're good to go.

 

[San Antone RR]

You are exempt from 46.02.

This means you can carry in the bar without a CHL, and the CHL prohibition in 46.035 (no 51% carry) doesn't apply to you. You're good to go.

Thanks. I looked at it, but missed this. Appreciate it.

 

[JohnnyReb]

Can y'all believe there's a 30.06 posted on all the pay for parking booths as you enter Trader's Village in Grand Prairie? For crying out loud. I was thinking I NEED my gun on me out here. This was a few months back.

 

[DoubleActionCHL]

I'm confused as to where TPC Section 30.06 comes into play. The OP started out by stating that the business is a 51% establishment, then asks questions about the application of 30.06. One has nothing to do with the other. Each is handled differently.

If the business is classified as a 51% establishment by the TABC, CHL holders are generally prohibited from carrying on the premises under TPC Section 46.035. An offense under this subsection would be a 3rd degree felony.

You are exempt from 46.02.

(b) Section 46.02 does not apply to a person who:
(7) holds an alcoholic beverage permit or license or is an employee of a holder of an alcoholic beverage permit or license if the person is supervising the operation of the permitted or licensed premises; or

This means you can carry in the bar without a CHL, and the CHL prohibition in 46.035 (no 51% carry) doesn't apply to you. You're good to go.

The subsection cited applies nonapplicability to section 46.02, not 46.035.

How do you get around this?

It is my understanding (meaning this does not constitute legal advice) that you have no requirement to conceal when on property you own or under your control. So, if you are in a management position at this bar, the property is under your control and Section 46.035, therefore, does not apply while you are on duty. Once we've eliminated your requirement to conceal, section 46.02 (UCW) applies to you, and Bithabus cited 46.02(b)(7) which provides an exception to the application of Section 46.02.

 

[berto40]

Wow...try and get the owner to also provide you some sort of liability. Liability doesn't stop because the BG is dead and you are alive especially since you would still be considered to be on the clock! I think the safe bolted down somewhere in the back office is the best idea all around.

 

[Bithabus]

I'm confused as to where TPC Section 30.06 comes into play. The OP started out by stating that the business is a 51% establishment, then asks questions about the application of 30.06. One has nothing to do with the other. Each is handled differently.

If the business is classified as a 51% establishment by the TABC, CHL holders are generally prohibited from carrying on the premises under TPC Section 46.035. An offense under this subsection would be a 3rd degree felony.



The subsection cited applies nonapplicability to section 46.02, not 46.035.

How do you get around this?

It is my understanding (meaning this does not constitute legal advice) that you have no requirement to conceal when on property you own or under your control. So, if you are in a management position at this bar, the property is under your control and Section 46.035, therefore, does not apply while you are on duty. Once we've eliminated your requirement to conceal, section 46.02 (UCW) applies to you, and Bithabus cited 46.02(b)(7) which provides an exception to the application of Section 46.02.

46.035 only applies to people carrying on the authority of their CHL. While in the bar and managing, the OP will NOT be carrying on his CHL. While in the bar and managing he is exempt from 46.02. He could carry in there without a CHL, openly or concealed, if he wanted to.

I agree that 30.06 has nothing to do with this situation. I think the OP just made a misstatement.

 

[DoubleActionCHL]

46.035 only applies to people carrying on the authority of their CHL. While in the bar and managing, the OP will NOT be carrying on his CHL. While in the bar and managing he is exempt from 46.02. He could carry in there without a CHL, openly or concealed, if he wanted to.

I agree that 30.06 has nothing to do with this situation. I think the OP just made a misstatement.

I believe that's what I just said.

His question, however, dealt with "staff," and even though he said he is managing, it's important that he know why he is not required to conceal. It's also important to know that 51% establishments and other places listed under sections 46.03 and 46.035 have nothing to do with Section 30.06, with the exception of those listed in 46.035(i).

 

[San Antone RR]

OP (me) did screw that up. I meant to refer to the 51% statute only. I believe 46.02 B8 is what I was asking about. Thanks for the help and I apologize for the confusion.

Steve