Improper 51%, what are our legal options?

[MikeyJ]

Except this sounds like an outdoor event, and 51% only applies to premises (inside or part of a building).

I agree that the 46.035 is poorly written. Based on the definition of premise (building or portion of a building), (b)(3) would prohibit you from carrying in a prison, but you're ok carrying in the outdoor prison yard.

I think a court would interpret "premise" to include an outdoor area that's fenced-off. Depending on the judge, it may require that the outdoor area only be accessible through a building (to include the outdoor dining area of a posted 51% establishment). Or it could be any outdoor area that's fenced off and posted.

 

[locke_n_load]

I agree that the 46.035 is poorly written. Based on the definition of premise (building or portion of a building), (b)(3) would prohibit you from carrying in a prison, but you're ok carrying in the outdoor prison yard.

I think a court would interpret "premise" to include an outdoor area that's fenced-off. Depending on the judge, it may require that the outdoor area only be accessible through a building (to include the outdoor dining area of a posted 51% establishment). Or it could be any outdoor area that's fenced off and posted.

That would make my entire backyard a building or portion of a building.

And building per Mr. Webster:
1: a usually roofed and walled structure built for permanent use (as for a dwelling)

• 2: the art or business of assembling materials into a structure

 

[locke_n_load]

And hopefully HB560 passes this year and makes this a moot point anyway.