Lawyers, a question about carrying guns...

ScoPro

1,000+ Posts
...into restaurants with bars (like Chilis, Chuys or Bennigans).

If the restaurant is not posted, and the bar within doesn't have the 51% sign, is it legal for a CHL holder to carry his/her weapon into the place?

Here's the law about them posting the signs:

In reply to:


 
My understanding from when I took my CHL course, is that if the premises derives 51% or more of its profit from the sale of alcholoic beverages, then it is unlawful carry within the premises.

In order to notify the public, a 51% sign must be properly, and prominently posted.

However, some establishments post 51% signs, even though they do not actually derive a full 51% profit from alcohol sales.

The better way to actually determine whether they do or not is to look at the TABC license, which should also be posted.

If the license is green, it is less than 51%, and you can lawfully carry.

If the license is red, it is 51% or more, and one cannot lawfully carry in the establishment.

I would be inclined to believe that, in the event a 51% sign is posted, but the license clearly indicates that it derives less than 51% from the sale of alcohol, that one could lawfully carry, because 1) the establishment is not complying with the law as written (proper posting of signage), and 2) they make less than 51% from the sale of alcohol.

But don't call me to bail you out if I'm incorrect.
 
I haven't eaten at Chilis in several years. Just used them as an example

But if a waiter ever drops a loogie in my plate, I just wanna be ready.
 
By extension then, if a bar or resteraunt failed to post the 51% sign, you could carry into that establishment as well since they failed to comply with the law? My guess is at the very least, this could be used as a defense to prosecution, but you still may go to jail for a bit.
 
It is people like you that make people like him want to pack heat (and a kerchief) around town.
wink.gif
 
Dirty's>>Chili's. Dirty Martin aside, I think the name derives from the fact that the aura of greasy meat just leaves you feeling dirty. You can feel the atherosclerosis, and I mean that in a positive, Fight Club "self improvement is masturbation, but self destruction..." kind of way. All Chili's can come back with are flamboyantly named appetizers and the loosened-tie, after-work crowd.
 

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