Legal for Bar owner to carry during business hours?

Legal for Bar owner to carry during business hours?

This is a discussion on Legal for Bar owner to carry during business hours? within the Open Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; In Texas, is it legal for a bar owner/operator to [conceal] carry his firearm in his place of business during business hours of operation (while ...

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Thread: Legal for Bar owner to carry during business hours?

  1. #1
    VIP Member Array los's Avatar
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    Legal for Bar owner to carry during business hours?

    In Texas, is it legal for a bar owner/operator to [conceal] carry his firearm in his place of business during business hours of operation (while he/she is in the course and scope of employment)? If yes, does the owner have to have a CHL?

    If no, is it legal for the same owner to keep a firearm hidden within the Bar?

    THANKS.

    EDIT: Dang. I posted in the wrong forum. Please forgive me for I know not what I do.. :(
    What we've got here is failure to communicate.


  2. #2
    VIP Member Array farronwolf's Avatar
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    It is in the CHL handbook.

    PC 46.02. UNLAWFUL CARRYING WEAPONS. (a) A person commits
    an offense if the person intentionally, knowingly, or recklessly carries
    on or about his or her person a handgun, illegal knife, or club if the
    person is not:
    (1) on the person's own premises or premises under the person's
    control; or
    (2) inside of or directly en route to a motor vehicle that is owned
    by the person or under the person's control.
    The places prohibited under 46.035 are for CHL holders under the authority of Subchapter H chapter 411. If you are on your own property, you are not carrying under that authority. You can carry openly or concealed without any permit or whatever. The only exception is if you are a prohibited person.
    Just remember that shot placement is much more important with what you carry than how big a bang you get with each trigger pull.
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  3. #3
    Ex Member Array JOHNSMITH's Avatar
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    A business owner doesn't need a license to carry in his own business or home. As far as whether this trumps the bar carry ban, I am not sure, but I would think so.

  4. #4
    VIP Member Array los's Avatar
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    THANKS, farronwolf and paul34.

    So in Texas, a Bar Owner can legally conceal carry [or open carry?] during business hours whether or not said bar owner holds a CHL.

    Correct?
    What we've got here is failure to communicate.

  5. #5
    VIP Member Array farronwolf's Avatar
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    Quote Originally Posted by los View Post
    THANKS, farronwolf and paul34.

    So in Texas, a Bar Owner can legally conceal carry [or open carry?] during business hours whether or not said bar owner holds a CHL.

    Correct?
    That is the way I understand Texas Statutes. It might be worth a call to the local DA's office to make sure.
    Just remember that shot placement is much more important with what you carry than how big a bang you get with each trigger pull.
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  6. #6
    VIP Member Array los's Avatar
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    Yep. Calling local ATF office in the a.m., too.

    I'll post their reply.

    Funny,...all my LEO buddies are stumped with my question and they all have different views and answers. Although, they ALL agree that they would arrest ME on the spot if they catch me carrying in my own Bar. LOL.
    RR9501 likes this.
    What we've got here is failure to communicate.

  7. #7
    VIP Member Array SIGguy229's Avatar
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    Why would you call the ATF office regarding a state law issue? What does state law say about the issue?

    If there is a question about the law, consult an attorney, not law enforcement....especially Feds when it is a state issue.

    The less you have to do with the ATF, IMO, the better.
    Last edited by SIGguy229; July 26th, 2011 at 07:41 AM.
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    SigGuy you read my mind. Call me paranoid but you call the ATF about something like this they may end up drinking at the bar. Not really a bad thing but the call may draw undo attention.

    Most places what you do on your own property or business is on you licensing is not required.
    "A first rate man with a third rate gun is far better than the other way around". The gun is a tool, you are the craftsman that makes it work. There are those who say "if I had to do it, I could" yet they never go out and train to do it. Don't let stupid be your mindset. Harryball 2013

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    Member Array ncsteveh's Avatar
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    Quote Originally Posted by los View Post

    Funny,...all my LEO buddies are stumped with my question and they all have different views and answers. Although, they ALL agree that they would arrest ME on the spot if they catch me carrying in my own Bar. LOL.
    I'm thinking that if they did that, although they may no longer be your friends, they would be responsible for a nice contribution to your retirement fund.
    Bark'n likes this.

  10. #10
    Ex Member Array apvbguy's Avatar
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    1. do not call the ATF, they are federal agency, call the TX DPS, attorney generals office for an opionion
    2. never ask a leo for a legal opinion, they are not attorneys

  11. #11
    Member Array popo22's Avatar
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    I have posed this question to the "DA" in our city and all agreed that it is legal for the "owner" or "person in control of the premises" to carry at their place of business. If you get arrested for this then seek a competent attorney.
    A Wise Man Changes His Mind, but a Fool Never Does

  12. #12
    VIP Member Array dukalmighty's Avatar
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    You can carry in your own place of business,It doesn't say anything about exemptions for certain types of business.Your LEO buddies need to brush up on their statutes as written, and not what they think it should say
    "Outside of the killings, Washington has one of the lowest crime rates in the country,"
    --Mayor Marion Barry, Washington , DC .

  13. #13
    VIP Member Array los's Avatar
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    My LEO buddies are a strange group of Men, for sure. LOL

    Here's how it all went down this morning.....:

    I called the DA's office and was told that they Could Not answer question(s). They told me that I would have to speak to the Police Department and I was directed to call the Chief of Police' office.

    I called the Chief and spoke to his secretary. She told me that it was legal for a Bar Owner to carry in his/her Bar. I asked if the firearm had to be concealed and she directed me to call the local TABC Office for all other questions.

    I called TABC and spoke to an Agent who answered all my questions.

    - The TABC Agent informed me that a Bar Owner can legally carry a firearm in his/her Bar during hours of operation.
    - The Bar Owner Does Not have to be licensed by The State Of Texas [CHL] to carry a firearm on the premises.
    - The firearm can be legally Open Carried or Concealed, but recommended Concealed.
    - The Bar Owner cannot consume alcoholic beverages while he/she is carrying a firearm.
    What we've got here is failure to communicate.

  14. #14
    Distinguished Member Array bigmacque's Avatar
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    I think you've managed to overcome any failure to communicate.

    All in all, that sounds like an informed response.
    I'm in favor of gun control -- I think every citizen should have control of a gun.
    1 Thess. 5:16-18

  15. #15
    Member Array GhostRed7's Avatar
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    Now all you have to do is forward the responses to your LEO buddies :P
    "Sir, could you please not bleed so much? I have to clean the store after they haul you off and I'd like the rest of my shift, to be, like, you know, better."

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