Red Lobster Not Posting the Usual Boring Sign.

[txinvestigator]

There's a fine for carrying in a grocery store that hasn't posted 30.06 or otherwise notified they do not want weapons carried?

Two seperate issues;

1) There is not really a fine, but a potential jail/prison sentence.

2) The signs that are the topic of this thread are posted in front of grocery stores that have a license to sell alcohol.

 

[navyguy]

Unlicensed Possession - is the key phrase here.

Yeah I got that part. I incorrectly read Mexican's post. I thought he said "for carrying with a license" but he said "for carrying without a license"

 

[Viperdillo]

seems ok to me,say's UNlicensed

 

[Bithabus]

That sign is on the front of every grocery and liquor store in Texas, at least all the ones I've been to.

It just tells people that there's extra large fines for carrying without a license, as opposed to the normal fines for carrying without a license.

If by "fine" you mean 2-10 years in prison, then you are correct.

 

[Mexican_Hippie]

If by "fine" you mean 2-10 years in prison, then you are correct.

"Notice: The unlicensed possession of a weapon on these premises is a felony with a maximum penalty of 10 years imprisonment and a fine not to exceed $10,000"

 

[txinvestigator]

"Notice: The unlicensed possession of a weapon on these premises is a felony with a maximum penalty of 10 years imprisonment and a fine not to exceed $10,000"

I think the point is that felonies, unlike misdemeanors, cannot be punished by a fine and /or jail. A felony is prison, or prison AND a fine. Of course, this does not take into account probation.

 

[Bithabus]

"Notice: The unlicensed possession of a weapon on these premises is a felony with a maximum penalty of 10 years imprisonment and a fine not to exceed $10,000"

Yes a fine can be attached to the prison term. I think the prison term is far more relevant though.

 

[jordanmills]

Two seperate issues;

1) There is not really a fine, but a potential jail/prison sentence.

2) The signs that are the topic of this thread are posted in front of grocery stores that have a license to sell alcohol.

What law specifies the penalty? I haven't been able to figure that out.

 

[Bithabus]

What law specifies the penalty? I haven't been able to figure that out.

46.02

 

[jordanmills]

46.02

That's just a general prohibition against carrying a handgun, with many large exceptions. So that's all the sign refers to?

 

[Bithabus]

That's just a general prohibition against carrying a handgun, with many large exceptions. So that's all the sign refers to?

Carrying a handgun unlawfully in a TABC licensed establishment bumps UCW from a class A misdemeanor to a third degree felony. The sign gives notice of this.

 

[jordanmills]

Carrying a handgun unlawfully in a TABC licensed establishment bumps UCW from a class A misdemeanor to a third degree felony. The sign gives notice of this.

But only because of TPC 46.02?

 

[txinvestigator]

that's just a general prohibition against carrying a handgun, with many large exceptions. So that's all the sign refers to?

texas penal code
sec. 46.02. Unlawful carrying weapons. (a) a person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun, illegal knife, or club if the person is not:
(1) on the person's own premises or premises under the person's control; or
(2) inside of or directly en route to a motor vehicle that is owned by the person or under the person's control.
(a-1) a person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun in a motor vehicle that is owned by the person or under the person's control at any time in which:

**snip**
(b) except as provided by subsection (c), an offense under this section is a class a misdemeanor.
(c) an offense under this section is a felony of the third degree if the offense is committed on any premises licensed or issued a permit by this state for the sale of alcoholic beverages.

 

[Bithabus]

But only because of TPC 46.02?

46.02 bumps it to a felony, yes. Looks like TI quoted the law.

 

[MR Redneck]

No such thing as a license to carry a rifle or a black powder gun. That sign doesnt apply to that "special" 870 I carry under a sport jacket.

 

[jordanmills]

[/color]

Hmmm. So there's no you can't carry unlicensed in a liquor or beer store if you're covered by one of the exceptions in 46.15, I guess. I'd wondered about that.

 

[txinvestigator]

Hmmm. So there's no you can't carry unlicensed in a liquor or beer store if you're covered by one of the exceptions in 46.15, I guess. I'd wondered about that.

If you are carrying under 46.15(b), none of 46.02 applies to you. So if you are carryung under 46.15(b) it is lawful to carry in a liquor or beer store.

 

[Bithabus]

delete

 

[jordanmills]

If you are carrying under 46.15(b), none of 46.02 applies to you. So if you are carryung under 46.15(b) it is lawful to carry in a liquor or beer store.

Next time I drive to Austin, I'm stopping in Buc-ee's to fill up with my big old glock on my hip and buying a six pack of lone star.

 

[Bithabus]

Next time I drive to Austin, I'm stopping in Buc-ee's to fill up with my big old glock on my hip and buying a six pack of lone star.

Careful with that one. Good chance the court would not agree you meet the traveling exception. Certainly tell the cops you are staying in Austin overnight, and you need the beer to entertain your clients who are the purpose of your "business travel" all the way to Austin. Hehe.