Show Me Texas Law That Says I Cannot Carry Rifle In <51% Place

[ZX9RCAM]

Where do I get my license to carry a rifle?

 

[Renegade]

In Texas, these are the places prohibited from carrying a rifle:

1. The premises of businesses licensed to sell alcohol. (unless licensed, then legal)
   
2. A business receiving 51% of its income from serving alcohol.

Please cite law relevant law for 1, 2, 8. The rest are easily found in 46.03 (a) 1-6.

 

[Dash Riprock]

Legislature determined signs were ambiguous, which is why we have 06/07.

I thought the original concept of the 30.06 sign was the concealed carry lobby's idea designed to make sure that gunbuster signs weren't enough to prohibit licensed carry.

In any event, they only apply to handguns. How would a business restrict entry with an openly carried long gun (or concealed long gun, for that matter)?

 

[Renegade]

I thought the original concept of the 30.06 sign was the concealed carry lobby's idea designed to make sure that gunbuster signs weren't enough to prohibit licensed carry.

As I recall there was a lack of agreement on what a gunbuster sign meant. Thus there was inconsistent prosecution. 06/07 fixed that.

How would a business restrict entry with an openly carried long gun (or concealed long gun, for that matter)?

"Sir, we do not allow rifles in our business."

 

[txinvestigator]

I thought the original concept of the 30.06 sign was the concealed carry lobby's idea designed to make sure that gunbuster signs weren't enough to prohibit licensed carry.

In any event, they only apply to handguns. How would a business restrict entry with an openly carried long gun (or concealed long gun, for that matter)?

A sign that reads "no firearms permitted"

 

[Charlie]

It's not a law, it's a request.

 

[Charlie]

No matter what signs go up, where they go up, who is responsible for them, (owner, state, feds, etc.), there will be violations. The proprietor of the establishment just needs to know what the signs mean, and how handle each situation.

 

[txinvestigator]

It's not a law, it's a request.

It envokes 30.05, Criminal Trespass

 

[ZX9RCAM]

A sign that reads "no firearms permitted"

But one could legally CC past this notification.

 

[Charlie]

Correct if the person doesn't leave when asked. (regarding TIs post #68 above.)

 

[Charlie]

But one could legally CC past this notification.

Absolutely until they got caught and were asked to leave by staff, etc. Then if they didn't leave, they could be in violation of trespass laws. (I think!)

 

[ZX9RCAM]

Why would a "no guns allowed" sign be legal notice for a long gun, but not a handgun?

 

[TX OMFS]

Not Twin Peaks in San Angelo. So I guess it's a restaurant but.....

I find it hard to believe they don't make most of their money from booze.

 

[SQLGeek]

I find it hard to believe they don't make most of their money from booze.

They don't per TABC. Their gun sign is blue which means they are not a 51% location.

 

[txinvestigator]

Correct if the person doesn't leave when asked. (regarding TIs post #68 above.)

Actually, for carry of a long gun it would not be required to be asked to leave before CT would apply

 

[Bithabus]

In Texas, these are the places prohibited from carrying a rifle:

1. The premises of businesses licensed to sell alcohol. (unless licensed, then legal)
   
2. A business receiving 51% of its income from serving alcohol.
3. School premises, without permission.
4. Premises of a parimutuel race track: horse or dog racing.
5. Voting place, including during early voting. Don’t carry past the “No Campaigning” signs.
6. The premises of a courtroom, without permission.
7. Secure area of an airport, inside the metal detectors.
8. Correctional facility.

Wrong. Did you read the thread?

 

[Bithabus]

Assuming private property, a gunbuster sign effectively prohibits any carry of a long gun in a particular location, correct?

A "no guns allowed" sign would prohibit rifle carry on private property by giving trespass notice

 

[Renegade]

Why would a "no guns allowed" sign be legal notice for a long gun, but not a handgun?

Because the legislature decided to make a special law for CHLs

 

[Bithabus]

Why would a "no guns allowed" sign be legal notice for a long gun, but not a handgun?

Because LTC holders get a specific defense to 30.05:

(f)
It is a defense to prosecution under this section that:
(1)
the basis on which entry on the property or land or in the building was forbidden is that entry with a handgun was forbidden; and
(2)
the person was carrying:
(A)
a license issued under Subchapter H, Chapter 411, Government Code, to carry a handgun; and
(B)
a handgun:
(i)
in a concealed manner; or
(ii)
in a shoulder or belt holster.

 

[ZX9RCAM]

Because the legislature decided to make a special law for CHLs

I guess we got lucky...