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  • kotetu

    Member
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    Oct 23, 2013
    174
    11
    Houston
    http://www.foxnews.com/us/2017/05/0...unman-after-shooting-at-texas-sports-bar.html
    Investigators say the man walked into the Zona Caliente Sports Bar at around 6:15 p.m. and got into an argument with the employee before fatally shooting him. An armed customer then confronted the shooter and shot him dead.
    ...
    Arlington Police Lt. Christopher Cook said the patron who shot the initial shooter had a concealed carry license.

    After seeing this report, I was wondering...
    Is the penalty for violating the 51% sign still a 3rd degree felony?

    (I'm not sure if Zona Caliente is a 51% establishment or not, but as a sports bar, I thought it was possible.)

    46.035

    (b) A license holder commits an offense if the license holder intentionally, knowingly, or recklessly carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, regardless of whether the handgun is concealed or carried in a shoulder or belt holster, on or about the license holder's person:

    (1) on the premises of a business that has a permit or license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic Beverage Code, if the business derives 51 percent or more of its income from the sale or service of alcoholic beverages for on-premises consumption, as determined by the Texas Alcoholic Beverage Commission under Section 104.06, Alcoholic Beverage Code;

    ...

    (g) An offense under this section is a Class A misdemeanor, unless the offense is committed under Subsection (b)(1) or (b)(3), in which event the offense is a felony of the third degree.

    I see further down below...
    (k) It is a defense to prosecution under Subsection (b)(1) that the actor was not given effective notice under Section 411.204, Government Code.
    Capitol Armory ad
     
    Last edited:

    txinvestigator

    TGT Addict
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    May 28, 2008
    14,204
    96
    Ft Worth, TX
    The Zona Caliente is not 51%.

    It is a felony to carry into a 51% location. If the business fails to post, you can still be arrested and charged. A defense to prosecution means you have a defense you can offer in court as to why you should be found not guilty.
     

    kotetu

    Member
    Rating - 0%
    0   0   0
    Oct 23, 2013
    174
    11
    Houston
    Thanks txinvestigator. Is there an online list of 51% places available to the public, or did you know that in another way that I missed?
     

    dsgrey

    Well-Known
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    0   0   0
    Oct 25, 2015
    1,875
    96
    Denton County
    texas3006.com is a self reporting site and usually very accurate. I had already checked earlier when I read the news article and it wasn't listed.
     
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