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  • Texas Solo

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    May 4, 2008
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    San Antonio
    30.06.com lists the SA International airport as posted 30.06
    Can anyone verify this ???
    Obviously we're talking about being on this side of security.
    Hurley's Gold
     

    txinvestigator

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    May 28, 2008
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    Ft Worth, TX
    30.06.com lists the SA International airport as posted 30.06
    Can anyone verify this ???
    Obviously we're talking about being on this side of security.

    SA International is government owned. Therefore 30.06 would not be applicable to you there; sign or not.

    Texas Penal Code
    Sec. 30.06. TRESPASS BY HOLDER OF LICENSE TO CARRY CONCEALED HANDGUN.

    (e) It is an exception to the application of this section that the property on which the license holder carries a handgun is owned or leased by a governmental entity and is not a premises or other place on which the license holder is prohibited from carrying the handgun under Section 46.03 or 46.035.

    Of course, the secured area is still off limits.
     

    okie556

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    Feb 12, 2009
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    Longview, TX
    I travel almost full time and it really cracks me up to see the 51% sign in the bar at the airport... :)



    Same here and at other airports all of the place. These are bars deep within airport infrastructure afteryou have gone through airport screening.

    Okie556
     

    JKTex

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    Mar 11, 2008
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    DFW, North Texas
    I travel almost full time and it really cracks me up to see the 51% sign in the bar at the airport... :)

    It's silly, but it's an overlap and they are still required to post the sign based on their TABC license.

    Keep in mind, a 51% "sign" does not keep you from carrying in the establishment. Obviously in this case that is moot.

    And as an add, 30.06.com is a great idea that is near worthless. No one follows the rules and guidelines he has set up. If they did, 75% of what is reported would not be reported and it would be a much better resource.
     

    40Arpent

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    Jul 16, 2008
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    Houston
    Keep in mind, a 51% "sign" does not keep you from carrying in the establishment.

    I know you are familiar with the law:

    (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, 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....


    So, while the actual sign doesn't prevent you, it notifies you of the fact that the establishment falls under "prohibited places." No?
     

    JKTex

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    Mar 11, 2008
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    DFW, North Texas
    I know you are familiar with the law:

    (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, 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....


    So, while the actual sign doesn't prevent you, it notifies you of the fact that the establishment falls under "prohibited places." No?

    Actually, "no" is correct. ;) The sign, or lack thereof, means nothing to a CHL holder except they need to make a decision as to just not carry, or investigate further. It's pretty easy to know when you walk into a place whether it may or may not be. If it's used properly, the sign makes you aware it "might" me a 51% establishment. The TABC license is what determines if they are a 51% establishment or not.

    The 51% sign is probably the most mis-used sign there is. Establishments with food/beverage licenses erroneously post it, retail stores post it, and all should be reported to TABC for correction. Many cities do not allow an establishment to derive more than 50% of the revenue from alchohol sales (like Plano). However, I've heard of people reporting establishments in Plano as having a 51% sign up when it is not possible for it to be a 51% establishment. I'll carry all day long in one of them.

    If you walk into a restaurant that has a bar and you see the sign, check the license and 99% of the time you'll find they are NOT a 51% establishment because they have a "food and beverage" license which does not permit 51% sales derived from alcohol. If you walk into a bar, chances are it IS a 51% establishment, whether the sign is up or not.

    I'm actually surprised someone caught that as quick as you did. People make a much bigger deal out of 51% than needs to be. It should be very obvious which is and which is not.
     

    txinvestigator

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    Ft Worth, TX
    I know you are familiar with the law:

    (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, 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....

    So, while the actual sign doesn't prevent you, it notifies you of the fact that the establishment falls under "prohibited places." No?


    The TABC rules require the posting of the 51% sign at all establishments that are 51%, regarldess of where they are located.

    That said, the absence of a sign is not a defense if you carry in a 51% place, and it is not an offense to carry in a non-51% location that is wrongly posted.

    Well poot...should have read more before replying; JKTex hit the nail on the head.
     

    JKTex

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    Mar 11, 2008
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    DFW, North Texas
    30.06.com lists the SA International airport as posted 30.06
    Can anyone verify this ???
    Obviously we're talking about being on this side of security.

    I'll add this, take what's on 30.06.com with a grain of salt. I think I posted this in another thread, but........it's a great idea and I'm sure the owner has put a lot of work into it. However, it needs to be tightened up so people can't keep posting things or posting in a way that they are asked not to. Most of what's posted there shouldn't be. It's a mess. ;)
     

    Texas Solo

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    May 4, 2008
    343
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    San Antonio
    I've done some checking, but haven't actually been to the airport lately.
    I discovered that the city of Tyler has a few of it's own rules. It seems that some cities have such laws in their penal codes, regardless of state law.

    [FONT][url]http://www.cityoftyler.org/Portals/0/docs/departments/clerk/ordinances/2007/0-2007-32%20Ch%20%204%20Firearms.pdf[/URL][/FONT]

    [FONT]http://www.cityoftyler.org/Portals/.../ordinances/2007/0-2007-32 Ch 4 Firearms.pdf[/FONT]
    SA International is government owned. Therefore 30.06 would not be applicable to you there; sign or not.

    Agreed, but then there's this from a buddy of mine: [FONT]

    [/FONT]
    [FONT] [/FONT][FONT]Local Governments shall follow the state law, but some refuse to follow it! Are you ready to challenge in the court the law at your own expense and due to the ignorance of the city? If you ignore a 3006 sign anywhere, be prepared to fight it with a good attorney! [/FONT]
     

    txinvestigator

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    May 28, 2008
    14,204
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    Ft Worth, TX
    I've done some checking, but haven't actually been to the airport lately.
    I discovered that the city of Tyler has a few of it's own rules. It seems that some cities have such laws in their penal codes, regardless of state law.
    Municipalities don't have penal codes, they have a municipal or city code. And all cities have one.

    [FONT]
    Note that Tyler specifically changed their law to match state law, as required. [/FONT]



    SA International is government owned. Therefore 30.06 would not be applicable to you there; sign or not.

    Agreed, but then there's this from a buddy of mine:

    [FONT]Local Governments shall follow the state law, but some refuse to follow it! Are you ready to challenge in the court the law at your own expense and due to the ignorance of the city? If you ignore a 3006 sign anywhere, be prepared to fight it with a good attorney! [/FONT]

    Yeah, I'll fight a city ordinance ticket that has the punishment as only a fine. AND I'll fight it without an attorney. The law is clear.

    I refuse to submit to the scared crowd and not do something that is completely legal. If you follow that train of thought, don't carry a gun at all, because some cop might arrest you ANYWAY even if a CHL and then you would have to fight it in court!
     
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