You're standing in line...

[majormadmax]

Well, the Post Office considered their parking lots as part of the facility, which is different from the definition in 18 U.S. Code §930; so there is a precedence.

Per the Texas Alcoholic Beverage Code Sec. 11.49. PREMISES DEFINED; DESIGNATION OF LICENSED PREMISES. (a) In this code, "premises" means the grounds and all buildings, vehicles, and appurtenances pertaining to the grounds, including any adjacent premises if they are directly or indirectly under the control of the same person.

https://www.tabc.state.tx.us/laws/code/85th/AllTitles.pdf

 

[ZX9RCAM]

So, if a person owns a strip center, in which they also own a bar, that makes the entire strip center off limits to carry? Same situation, but replace strip center with mall.
Just got me thinking about a worst case scenario.



....changed some to same

 

[LOCKHART]

Cycleguy300 doesn't know the law either! Read the law, sir! You must be a TABC agent! I've never met such arrogant, ignorant "law enforcement' agents in my life! The law reads: The premises are a building or portions of a building. This does not include sidewalks, alleys, or PARKING LOTS! Emphasis mine. I was no-billed by a Travis County grand jury! But you must know more than they do. A good day to you, Sir.

 

[ZX9RCAM]

Renegade's quoted references "grounds", would that not be sidewalks and parking lots?

 

[satx78247]

Premises per TABC includes parking lot...

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cycleguy2300; Younggun; majormadmax; ZX8RCAM; All,

So the agents of TABC, a local ISD Police officer and/or the US Postal Inspectors could decide that a street that happens to pass between a bar, school or post office & their owned/leased parking lot is a "gun free zone"??
(The anti-gun police chief of a university here in The Alamo City, stated in an interview with the local NPR FM station that: DPS-licensed concealed carriers would be ARRESTED & CHARGED with a Class A Misdemeanor, IF they were stopped (& their vehicle was thereafter searched) for a traffic violation on the streets that pass by or through their college campus. The police chief stated that, "Nobody but sworn police or the military should own a gun."
OR
the entire property of a shopping mall if there happens to be a school office, bar or a branch post office inside is "a prohibited place"?
OR
the public sidewalk that passes in front of those places??

It comes down to this: The TABC agent(s) not only likely made a FALSE/UNLAWFUL APPREHENSION in "this case" but also have NO commonsense, either.
(The problem with commonsense is that it isn't common among government employees/bureaucrats.)
Had this incident happened to me, I would have made my one phone call to a GOOD lawyer to be immediately released from custody & would have soon been filing a HUGE civil suit against the agency AND the peace officer, separately & jointly for violation of my rights as a citizen.

yours, satx

 

[LOCKHART]

I am talking about Texas concealed carry law. I don't give a rats ass about TABC law! Theirs do not supercede the carry law unless you are dumb enough to carry your gun inside a bar! This particular place where I shot the rat bastard that was assaulting me even had their 51% sign on the INSIDE wall!

 

[LOCKHART]

Thank you, Satx. I appreciate your comment, Sir.

 

[Renegade]

Premises per TABC includes parking lot...

For enforcement of TABC law yes. For example, you go into Joes BeerHouse, get a sixpack and go outside into his parking lot and drink it, that is a TABC violation.

 

[LOCKHART]

This incident happened on March 18, 2004. The place was a dive called the 81 Club. I was represented by an excellent criminal lawyer.

 

[ZX9RCAM]

For enforcement of TABC law yes. For example, you go into Joes BeerHouse, get a sixpack and go outside into his parking lot and drink it, that is a TABC violation.

What about my questions concerning the TABC 51% signs, and locations they cover?

 

[LOCKHART]

All I know is my lawyer Revis Kanack, got me off this bullshit charge. I paid him 1100.00 dollars up front and when it was over, he charged me nothing more. If I EVER see the azzhole TABC agent again, a Sgt. Jack King, it will be way too soon!

 

[Renegade]

What about my questions concerning the TABC 51% signs, and locations they cover?

Sec. 46.03. PLACES WEAPONS PROHIBITED. (a) A person commits an offense if the person intentionally, knowingly, or recklessly possesses or goes with a firearm, location-restricted knife, club, or prohibited weapon listed in Section 46.05(a):

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, as determined by the Texas Alcoholic Beverage Commission under Section 104.06, Alcoholic Beverage Code;

(c) In this section:

(2) "Amusement park" and "premises" have the meanings assigned by Section 46.035.

Section 46.035: (3) "Premises" means a building or a portion of a building. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area.

 

[ZX9RCAM]

Thank you.
So, the 51% sign has nothing to do with Sec. 11.49 in your post #101, or did you post it just to confuse me, lol?

"Per the Texas Alcoholic Beverage Code Sec. 11.49. PREMISES DEFINED; DESIGNATION OF LICENSED PREMISES. (a) In this code, "premises" means the grounds and all buildings, vehicles, andappurtenances pertaining to the grounds, including any adjacent premises if they are directly or indirectly under the control of thesame person."

 

[Low_Speed]

At a cafeteria type restaurant. There are 5 or 6 people ahead of you and a bunch in line behind. The person in line behind you is a uniformed police officer. You are carrying your pistol on a belt holster at 5 o'clock and it's covered by an extra long shirt worn untucked. You notice the officer is looking sternly at you and asks "Are carrying a gun?". What is the proper response to his question?

None of your business and turn back around.


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[satx78247]

ZX9RCAM,

You should note that simply WALKING down the sidewalk near "licensed premises" would violate the SILLY code reference of the TABC. Further, a TABC agent could argue that the public street that simply PASSES BY licensed premises would subject a driver to their code.
(IF you have the idea that I don't care for the "cowboys" of TABC, you would be CORRECT, inasmuch as their agents act like the "cowboys" of BATFE..)

yours, satx

 

[ZX9RCAM]

ZX9RCAM,

You should note that simply WALKING down the sidewalk near "licensed premises" would violate the SILLY code reference of the TABC. Further, a TABC agent could argue that the public street that simply PASSES BY licensed premises would subject a driver to their code.
(IF you have the idea that I don't care for the "cowboys" of TABC, you would be CORRECT, inasmuch as their agents act like the "cowboys" of BATFE..)

yours, satx

That's exactly how I read it, except for including the street in it, and why I asked the question.
Which still has not been answered with a definite black/white reply.

 

[Young Gun]

Many possible responses;

"Yes sir, always."

"Yes sir. Same as you."

And if I'm feeling particularly honest, "Yes sir. Actually, I'm carrying 3 knives and 2 guns."

 

[LOCKHART]

lol!

 

[Low_Speed]

You ever been one on one with a police officer after a traffic stop, late at night? The cop has an attitude because maybe he just had a fight with his wife before going on duty? I don't think you would be talking ANY of the glib, smart-ass talk I've seen repeated here. HE is in control of the situation, not you! If he says up is down, black is white, you are not gonna say jack-shit unless you like getting the hell beat out of you, or being taken to jail. No, I don't think YOU have ever been in that place.

I have been in that place and yeah, being a black gun owner being stopped at night if not cool. But be aware that to let a cop abuse his or hero’s power only empowers to continue to do it. Record everything and file a report as soon as possible.


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[Low_Speed]

The cop shouldn’t have even asked.


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