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Question on the "unlicensed possession. . . . sign.

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  • Texas42

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    I was in Chacho's in San antonio a while back and I noticed a "the unlicensed possession of a firearm is a felonly. . . . . sign. I've always though of Chacho's as a part time bar. Alot of good food, but it gets pretty club-esk at night. I havn't carried in there because I've thought it might be a 51% place.

    The question is that if they have this sign, does it mean that it would be legal to carry in there? Or is there no requirements for what signs they do and do not post?
    Lynx Defense
     

    txinvestigator

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    I was in Chacho's in San antonio a while back and I noticed a "the unlicensed possession of a firearm is a felonly. . . . . sign. I've always though of Chacho's as a part time bar. Alot of good food, but it gets pretty club-esk at night. I havn't carried in there because I've thought it might be a 51% place.

    The question is that if they have this sign, does it mean that it would be legal to carry in there? Or is there no requirements for what signs they do and do not post?

    The unlicensed possession sign is for non-51% places. That should mean that it is not a 51% place. Next time you are there, find their actual TABC license inside on the wall. It will read either

    sign=blue

    or

    sign=red

    blue means non-51% and red means 51%, as determined by the TABC.
     

    hoytinak

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    txinvestigator said:
    sign=blue

    or

    sign=red

    blue means non-51% and red means 51%, as determined by the TABC.

    Thanks, I never knew that....good to know. There's a pool hall here in Amarillo I go to and have never seen a 51% sign. I haven't carried in there just in case but now I'll know for sure.
     

    JKTex

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    You can also see them in most of the H.E.B.'s and Walmart and random gas stations.

    The sign he's talking about is a sign required by the TABC for non-51% establishments with on premise consumption. I'm not sure how they differ though, if they do differ, from the retailers that sell and have a similar, maybe the same requirement.

    So that doesn't help at all does it.
     

    lonewolf23c

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    In my state if your in a bar and you consume an alcoholic beverage (ok well enough to be intoxicated) and your caught with a concealed firearm its a felony. Its a law in my state that if your in a bar drinking you are not to have a weapon, concealed or open carry either one.
     

    txinvestigator

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    In my state if your in a bar and you consume an alcoholic beverage (ok well enough to be intoxicated) and your caught with a concealed firearm its a felony. Its a law in my state that if your in a bar drinking you are not to have a weapon, concealed or open carry either one.

    Texas defines bar, and only places that meet the definition are off limits.
     

    txinvestigator

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    And if I am not mistaken, Texas does not define intoxication for CHL holders while carrying. Alcohol consumption plus gun = felony, no matter what your BAC is. Right?

    Negative.

    Unlawful Carry by a License Holder is section 46.035 of the Penal Code; Relevant parts are;

    Texas Penal Code
    Sec. 46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER

    (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.

    To address the specific question, intoxication is defined in the penal code;

    (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.
    [/quote]

    Obviously you are not going to be offered a breath test for violating 46.035. Therefore, the other definition will be used. It IS a subjective definition, but the officer would have to show that you met the definition.

    It is not illegal to consume while carrying, only to get intoxicated.

    And it is not a felony, it is a class A Misdemeanor. One that, if convicted, will result in the revocation of your CHL.

    It is a felony to carry into a 51% place.
     

    okie556

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    Call me stupid.........but I really didn't see an answer to the sign posted at Chacho's. Red ...Blue...this sign says "unlicensed possession". If I have a CHL, I aml licensed so it would seem the sign does not apply. Thought it they establishment didn't want you to carry.....had to post a 30.06 sign.

    Okie556
     

    txinvestigator

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    Call me stupid.........but I really didn't see an answer to the sign posted at Chacho's. Red ...Blue...this sign says "unlicensed possession". If I have a CHL, I aml licensed so it would seem the sign does not apply. Thought it they establishment didn't want you to carry.....had to post a 30.06 sign.

    Okie556

    Did ya read the thread?

    txinvestigator said:
    The unlicensed possession sign is for non-51% places. That should mean that it is not a 51% place.

    JKTex said:
    The sign he's talking about is a sign required by the TABC for non-51% establishments with on premise consumption
     

    Texas42

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    I went to this mirco-brewery and I checked the documents.

    Yep, says sign-blue. Though the paper was this yellowish color. . . . I thought it was going to actually be blue. : ) It was a really good place. Had some really high quality beers.

    Thanks yall.
     

    Morgan

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    Those "unlicensed possession" signs are everywhere. TX CHL is a license. You're golden, as stated.

    And BTW...those intoxication definitions go for drinking and driving as well. If you have ONE drink, your BAC will be nowhere near the mis-named "legal limit" but if the LEO can "prove" you were inhibited, you will be charged with DUI. So... if you're a lightweight and get looped on 1 or 2 drinks, don't think your low BAC will protect you.
     

    JKTex

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    Those "unlicensed possession" signs are everywhere. TX CHL is a license. You're golden, as stated.

    Those are specific signs required by the TABC for certain establishments. But correct, they don't impact CHL's holders.

    Same as the "no gun" signs you do see all over. A sign to let people illegally carrying, that it's illegal.
     
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