Texas, Guns, and Alcohol????????
This is a discussion on Texas, Guns, and Alcohol???????? within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; So I am visiting friends in Texas and carrying while down here. One day when I was out I get a text asking me to ...
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December 9th, 2012 10:41 AM
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Texas, Guns, and Alcohol????????
So I am visiting friends in Texas and carrying while down here. One day when I was out I get a text asking me to go to the store and pick up some stuff including beer. Most of the laws I have read has been about being in a bar or establishment that served alcohol. Not the purchase and transportation of alcohol while carrying. Which leads to my questions...
1 - Can You buy a six pack to take home while carrying?
2 - If you BUY dinner for people who has choosen to drink. Since you are the one legally purchasing alcohol can you carry at the same time?
Things that made me go HMMMM!!
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December 9th, 2012 10:41 AM
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December 9th, 2012 12:01 PM
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Have you checked Handgunlaw.us for the laws of Texas? That's your first stop...
See: http://handgunlaw.us/states/texas.pdf
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December 9th, 2012 12:03 PM
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The law refers to you the weapon carrier not other people that aren't carrying.
Number 1- Yes
Number 2- Yes
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December 9th, 2012 04:58 PM
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You can not carry in a business which generates 51% or more of its revenue from the sale of alcohol for on site consumption. You can carry in a liquor store or supermarket or any other establishment that sells beer were there is no consumption. Read all signs before entering any business.
Last edited by 1MoreGoodGuy; December 9th, 2012 at 08:38 PM.
Reason: edited to correctly reflect law
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December 9th, 2012 06:15 PM
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Re: Texas, Guns, and Alcohol????????
Wrong! In Texas, a CHL holder can carry in a liquor store and even buy liquor from a liquor store. A CHL holder cannot carry into an establishment that generates more than 51% revenue from sales of alcohol for on site consumption (basically a bar, a bar/restaurant is ok to carry).
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December 9th, 2012 06:19 PM
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Re: Texas, Guns, and Alcohol????????
In Texas, there are only 2 signs to worry about. The first will reference Texas Penal Code 30.06 and prohibits concealed carry within the posted establishment. The second is the red 51% sign that indicates the business generates 51% of its revenue from on site consumption liquor sales. All other signs can be ignored by CHL holders.
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December 9th, 2012 06:21 PM
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And also acquaint yourself with the law regarding being impaired while carrying in Texas. What I was taught during my CHL class is that you can consume alcohol (if you choose to), but if a peace office determines that you are intoxicated, there is not a specific legal limit that you are "okay" if you are below. As far as I know, the only specific BAC that is referenced with regard to CHL is 0.08% - at which point you are considered impaired, regardless of field sobriety test results.
If you're not drinking, you're good to go as long as the place in question is not posted with 30.06 signs, 51% signs, or is otherwise a place that you can't carry (pro sporting event, federal property, etc.)
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December 9th, 2012 06:29 PM
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Common sense and legal sense can be contrary to each other. Sure would seem that common sense would say that if alcohol has not been consumed by you it should not enter into the equation; unfortunately that is not the way the law reads in many states--just being in a business where alcohol is served is enough to get you in trouble. Be sure you do your due diligence in Texas and every other state and know your local laws before you mix CC and liquor in any way shape or form. With all due respect, do not just accept the words of forum members---they may think they know the law but they can be wrong and this explanation should you have a problem is useless in your defense. I know people who do not drink at all but still frequent alcohol-serving restaurants with their CCWs contrary to the CC laws in SC--the thought being that if, at night, I have to get back to my car parked in a darkened area, I want to be protected. Makes sense to me--after all you are CC so no one should theoretically know you have a CCW--problem is if you should have a confrontation on the way to your car that causes injury or death---I would like to know how you will explain your possession of said firearm after leaving a location where you could not have firearm in the first place. You may get a pass on real criminal problem in SC, but civilly--you may have a very expensive problem.
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December 9th, 2012 06:35 PM
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Originally Posted by
1MoreGoodGuy
You can not carry in a liquor store but you can carry in a supermarket that sells beer. Read all signs before entering any business.
Wrong. Yes you can carry, with a CHL, in a liquor store.
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December 9th, 2012 08:33 PM
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Originally Posted by
TexasCajun
Wrong! In Texas, a CHL holder can carry in a liquor store and even buy liquor from a liquor store. A CHL holder cannot carry into an establishment that generates more than 51% revenue from sales of alcohol for on site consumption (basically a bar, a bar/restaurant is ok to carry).
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My mistake. I must have forgotten about the consumption part...I thought it was just sales over 51%...my bad. I know of a couple of liquor stores around here that have the wrong signs displayed.
Here is a link to the laws http://www.txdps.state.tx.us/Interne...rms/CHL-16.pdf
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December 9th, 2012 10:13 PM
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Originally Posted by
kelcarry
With all due respect, do not just accept the words of forum members---they may think they know the law but they can be wrong and this explanation should you have a problem is useless in your defense.
Absolutely right. I (and others) have passed on our understanding of the law - but I'd really hate for a mistake or failure to understand a point of law on my part to result in legal issues for someone else. I'm not a lawyer, my legal opinion is worth exactly what you paid for it, and I did NOT stay at a Holiday Inn Express last night. :)
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December 10th, 2012 07:33 PM
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I carried in one Friday. The sign reads unlicensed possesion of a weapon on the premises is a misdemeanor punishable by........
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