Saw this, and thought it was interesting.

Discussion in 'Texas Concealed Handgun (CHL)' started by Texas42, Sep 9, 2009.

  1. Texas42

    Texas42 TGT Addict

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    HB 2664 provides a defense to prosecution if a concealed handgun license holder carries a concealed handgun into an establishment that gets 51 percent or more of its income from the sale of alcoholic beverages, but has failed to post the statutorily required notice that it derives 51 percent or more of its income from the sale of alcoholic beverages. (Under current law, a concealed handgun licensee can be charged with a Class A misdemeanor for doing this.)

    http://www.txdps.state.tx.us/director_staff/public_information/pr081109.pdf

    Could someone remind me what "defense to prosecution" is.

    I didn't know that bars were required to post 51% signs. I've seen a lot of places that had liquor lisences of "sign = red" that didn't post a 51% sign.
     


  2. Eli

    Eli Well-Known

    Just a reminder, it's only 51% from the sale of alcoholic beverages for on-site consumption. In other words, it's legal with a CHL to carry into a liquor store but not a bar.

    Eli
     
  3. DoubleActionCHL

    DoubleActionCHL Well-Known

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    Actually, it falls under Texas PC Section 46.035, and the penalty for possessing your firearm in a 51% establishment is a 3rd degree felony. The pdf is in error.
     
  4. ZX9RCAM

    ZX9RCAM Over the Rainbow bridge... TGT Supporter

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    So, even though there is no designation stating it is a 51% establishment, one would still get hammered if caught???
     
  5. DoubleActionCHL

    DoubleActionCHL Well-Known

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    No. That was the case before 9/1, but now the absence of a sign is "a defense to prosecution." The penalty is, and has always been, a 3rd degree felony.
     
  6. ZX9RCAM

    ZX9RCAM Over the Rainbow bridge... TGT Supporter

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    Thank you....it kinda seems to me that the establishment should share in some of the responsibility if a CHL holder got in trouble due to their not posting....is this thinking wrong?
     
  7. MadMo44Mag

    MadMo44Mag TGT Addict

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    Key work in this statement - "IS"???
    That is my understanding.
     

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