Can I legally carry my firearm at a Texas bar? What does “51%” mean? What is the law for Texas Constitutional Carriers? What if you have a Texas LTC (license to carry a handgun)? The Armed Attorneys break down the Texas Alcoholic Beverage Code and Texas Penal Code Section 46.03 as they relate to carrying a firearm in a bar under the authority of a license or permit or under permitless carry. Stay tuned because the new affirmative defense to prosecution does not apply to everyone.
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today we’re talking about 51 establishments and stick around to the end for our pro tip on the best way to find out ahead of time if the place you’re going is in fact a 51% establishment … let’s start off what is a 51% establishment a 51% establishment is pretty simple it is an establishment that derives 51 percent or more of its income from the sale or service of alcoholic beverages for on-premise consumption very straightforward very easy to know usually indicated by a 51% sign on premises big red you’re you know them when you see them if you live in the state of texas you’ve seen these signs before and it’s important because 51% means that it is a felony to carry inside now here is i think the good news for ltc holders there’s an exception for you if the establishment doesn’t post that 51 sign or doesn’t post it conspicuously if you you don’t see it and not just willfully not see it but if you can’t see it then you should not be liable for that felony um but just because ltc holders have this excuse uh it doesn’t apply to everyone right no constitutional carriers do not get this benefit of the doubt and that’s really essentially what it boils down to is a benefit of the doubt for ltc holders you are not held liable as an ltc holder for the organization’s compliance skills as a constitutional carrier you were not thought of when this statute arose you were not in existence so if you don’t have your ltc on your person you do not fall under the protection of 4615p meaning if they meaning the establishment fails to post a 51% sign it is going to be your fault for not magically knowing that that place happens to derive 51% or more of its income from the sale of alcohol on premises which is crazy but they’re going to blame and hook you the constitutional carrier yeah and i think that brings us to our pro tip which is because places aren’t always great about posting their signage what’s the best way to know whether or not this establishment is in fact a bar is a 51 establishment and the answer is the tabc website actually will tell you you can put in the establishment name or the address and pull up how they’re licensed um weirdly they’re actually categorized you’re not going to see 51% or bar you’re going to see a notation that says red sign yes but that’s what red sign means look it up in advance particularly if you’re a constitutional carrier and you’re not sure don’t put yourself on the hook for a felony because you’re not a psychic
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