Texas-Book-Gun Law Armed And Educated - Flipbook - Page 315
Texas Penal Code Section 46.03(a)(7) makes it a crime for a person
to carry a handgun, whether open or concealed, on the premises
of an establishment that derives 51 percent or more of its income
from the sale or service of alcoholic beverages for on-premises
consumption. How does a person know if an establishment is a
“51%” establishment? There is, by law, required to be a red 51%
sign issued by the Texas Alcoholic Beverage Commission posted
in the establishment.
Note: just because an establishment has a bar and sells alcoholic
beverages does not necessarily mean that the establishment derives
the majority of its income from the sale of the same. A proper 51%
sign will give effective notice to a license holder where they may
not carry their open or concealed handgun.
A proper 51% sign will look like this:
However, there are some exceptions to 51% locations as prohibited
places. Section 46.15(p) of the Texas Penal Code says the prohibition
in Section 46.03 pertaining to 51% locations does not apply if the
actor: (1) carries a handgun on the premises or other property, as
applicable; (2) holds a Texas LTC; and (3) was not given effective
notice under Section 411.204 of the Government Code.
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