Texas No-Guns Signs...
- Thread starter steve4102
- Start date
ammo.crafter
New member
Carrying
I understand from this post that individual cities in Texas can mandate individual regulations as regards gun control.
I was under the impression the state sets all such rules and regs.
I understand from this post that individual cities in Texas can mandate individual regulations as regards gun control.
I was under the impression the state sets all such rules and regs.
zincwarrior
New member
Texas state law is controlling. I am not aware of local laws being applicable actually.
carguychris
New member
No they can't. Local regulations are preempted in § 229.001 of the Local Government Code.ammo.crafter said:
A municipality may regulate the discharge of firearms under certain conditions spelled out in § 229.002-229.004, but may not regulate transfer, sale, possession, or carry.
zincwarrior
New member
In Texas you cannot be "intoxicated." The standard is not effectively defined. People tend to go with the same standards used for driving/ that police normally use. I am sure if you are involved and the PoPo smell alcohol or has evidence it will definitely be used against you regardless.
zincwarrior
New member
If you just used your firearm and then claim booze makes you mellow - well I don't think that argument is going to go well for you.
ShootistPRS
New member
In Washington if you are stopped for any reason and you have any alcohol in your system you are considered "under the influence". At .08 BAL you are intoxicated but you can get a ticket for DUI at .001 BAL.
Standard Miranda Warning said:
The fact that anything that can be used against you will be used is so strong of an idea in the legal system that it has been enshrouded into the Miranda warning. Yet somehow we debate on these boards as if the prosecutor and investigators are going to be some neutral party who assume our innocence and just go along with our version of the events.
Are some prosecutors neutral parties who are only trying to do their jobs with no political motivation? I am certain of it. Is the prosecutor assigned to your case going to be? How much money and time are you willing to bet on it?
To those reading this: make your attorney's job easier in the event of a lawful shooting. Not harder.
Having worked in bars with construction workers, I can tell you that many will start a fight over a slogan on a T shirt, while others get happy and go dance with the ladies. It's those latter folks who, if suddenly caught up in a life or death scenario after having a few where they're being viciously attacked, might not have as awful a time as the former would who goes looking for fight.
In response to shootistPRS, that's true if the traffic stop is based on a CDL...where any alcohol is a huge no, no...
In the case of the average citizen, one must to first prove their erratic driving etc, was due to alcohol and/or drugs.
To get a DUI to stick, an officer first must have erratic driving etc to make a legal stop, then prove the driver was under the influence by articulating the drivers condition upon initial contact, and then the standard field sobriety tests.
If you do not have either, the best one might get charged with is negligent driving with alcohol on board, aka wet neg...but even then, with no erratic driving or inhibited physical skills...that would be a good one to argue in court.
In the case of the average citizen, one must to first prove their erratic driving etc, was due to alcohol and/or drugs.
To get a DUI to stick, an officer first must have erratic driving etc to make a legal stop, then prove the driver was under the influence by articulating the drivers condition upon initial contact, and then the standard field sobriety tests.
If you do not have either, the best one might get charged with is negligent driving with alcohol on board, aka wet neg...but even then, with no erratic driving or inhibited physical skills...that would be a good one to argue in court.
Text of subsection as added by Acts 2015, 84th Leg., R.S., Ch. 437 (H.B. 910), Sec. 47
(a-1) Notwithstanding Subsection (a), a license holder commits an offense if the license holder carries a partially or wholly visible handgun, regardless of whether the handgun is holstered, on or about the license holder's person under the authority of Subchapter H, Chapter 411, Government Code, and intentionally displays the handgun in plain view of another person:
(1) on the premises of an institution of higher education or private or independent institution of higher education; or
(2) on any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area of an institution of higher education or private or independent institution of higher education.
Text of subsection as added by Acts 2015, 84th Leg., R.S., Ch. 438 (S.B. 11), Sec. 4
(a-1) Notwithstanding Subsection (a), a license holder commits an offense if the license holder carries a partially or wholly visible handgun, regardless of whether the handgun is holstered, on or about the license holder's person under the authority of Subchapter H, Chapter 411, Government Code, and intentionally or knowingly displays the handgun in plain view of another person:
(1) on the premises of an institution of higher education or private or independent institution of higher education; or
(2) on any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area of an institution of higher education or private or independent institution of higher education.
(a-2) Notwithstanding Subsection (a) or Section 46.03(a), a license holder commits an offense if the license holder carries a handgun on the campus of a private or independent institution of higher education in this state that has established rules, regulations, or other provisions prohibiting license holders from carrying handguns pursuant to Section 411.2031(e), Government Code, or on the grounds or building on which an activity sponsored by such an institution is being conducted, or in a passenger transportation vehicle of such an institution, regardless of whether the handgun is concealed, provided the institution gives effective notice under Section 30.06.
(a-3) Notwithstanding Subsection (a) or Section 46.03(a), a license holder commits an offense if the license holder intentionally carries a concealed handgun on a portion of a premises located on the campus of an institution of higher education in this state on which the carrying of a concealed handgun is prohibited by rules, regulations, or other provisions established under Section 411.2031(d-1), Government Code, provided the institution gives effective notice under Section 30.06 with respect to that portion.
(b) A license holder commits an offense if the license holder intentionally, knowingly, or recklessly carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, regardless of whether the handgun is concealed or carried in a shoulder or belt holster, on or about the license holder's person:
(1) on the premises of a business that has a permit or license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic Beverage Code, if the business derives 51 percent or more of its income from the sale or service of alcoholic beverages for on-premises consumption, as determined by the Texas Alcoholic Beverage Commission under Section 104.06, Alcoholic Beverage Code;
(2) on the premises where a high school, collegiate, or professional sporting event or interscholastic event is taking place, unless the license holder is a participant in the event and a handgun is used in the event;
(3) on the premises of a correctional facility;
(4) on the premises of a hospital licensed under Chapter 241, Health and Safety Code, or on the premises of a nursing facility licensed under Chapter 242, Health and Safety Code, unless the license holder has written authorization of the hospital or nursing facility administration, as appropriate;
(5) in an amusement park; or
(6) on the premises of a church, synagogue, or other established place of religious worship.
(c) A license holder commits an offense if the license holder intentionally, knowingly, or recklessly carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, regardless of whether the handgun is concealed or carried in a shoulder or belt holster, in the room or rooms where a meeting of a governmental entity is held and if the meeting is an open meeting subject to Chapter 551, Government Code, and the entity provided notice as required by that chapter.
(d) A license holder commits an offense if, while intoxicated, the license holder carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, regardless of whether the handgun is concealed or carried in a shoulder or belt holster.
(e) A license holder who is licensed as a security officer under Chapter 1702, Occupations Code, and employed as a security officer commits an offense if, while in the course and scope of the security officer's employment, the security officer violates a provision of Subchapter H, Chapter 411, Government Code.
(f) In this section:
(1) "Amusement park" means a permanent indoor or outdoor facility or park where amusement rides are available for use by the public that is located in a county with a population of more than one million, encompasses at least 75 acres in surface area, is enclosed with access only through controlled entries, is open for operation more than 120 days in each calendar year, and has security guards on the premises at all times. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area.
(1-a) "Institution of higher education" and "private or independent institution of higher education" have the meanings assigned by Section 61.003, Education Code.
(2) "License holder" means a person licensed to carry a handgun under Subchapter H, Chapter 411, Government Code.
(3) "Premises" means a building or a portion of a building. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area.
Text of subsection as amended by Acts 2015, 84th Leg., R.S., Ch. 437 (H.B. 910), Sec. 47
(g) An offense under this section is a Class A misdemeanor, unless the offense is committed under Subsection (b)(1) or (b)(3), in which event the offense is a felony of the third degree.
Text of subsection as amended by Acts 2015, 84th Leg., R.S., Ch. 438 (S.B. 11), Sec. 4
(g) An offense under Subsection (a), (a-1), (a-2), (a-3), (b), (c), (d), or (e) is a Class A misdemeanor, unless the offense is committed under Subsection (b)(1) or (b)(3), in which event the offense is a felony of the third degree.
Text of subsection as amended by Acts 2015, 84th Leg., R.S., Ch. 437 (H.B. 910), Sec. 47
(h) It is a defense to prosecution under Subsection (a) or (a-1) that the actor, at the time of the commission of the offense, displayed the handgun under circumstances in which the actor would have been justified in the use of force or deadly force under Chapter 9.
Text of subsection as amended by Acts 2015, 84th Leg., R.S., Ch. 438 (S.B. 11), Sec. 4
(h) It is a defense to prosecution under Subsection (a), (a-1), (a-2), or (a-3) that the actor, at the time of the commission of the offense, displayed the handgun under circumstances in which the actor would have been justified in the use of force or deadly force under Chapter 9.
Chapter 9 is here... http://www.statutes.legis.state.tx.us/SOTWDocs/PE/htm/PE.9.htm
(a-1) Notwithstanding Subsection (a), a license holder commits an offense if the license holder carries a partially or wholly visible handgun, regardless of whether the handgun is holstered, on or about the license holder's person under the authority of Subchapter H, Chapter 411, Government Code, and intentionally displays the handgun in plain view of another person:
(1) on the premises of an institution of higher education or private or independent institution of higher education; or
(2) on any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area of an institution of higher education or private or independent institution of higher education.
Text of subsection as added by Acts 2015, 84th Leg., R.S., Ch. 438 (S.B. 11), Sec. 4
(a-1) Notwithstanding Subsection (a), a license holder commits an offense if the license holder carries a partially or wholly visible handgun, regardless of whether the handgun is holstered, on or about the license holder's person under the authority of Subchapter H, Chapter 411, Government Code, and intentionally or knowingly displays the handgun in plain view of another person:
(1) on the premises of an institution of higher education or private or independent institution of higher education; or
(2) on any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area of an institution of higher education or private or independent institution of higher education.
(a-2) Notwithstanding Subsection (a) or Section 46.03(a), a license holder commits an offense if the license holder carries a handgun on the campus of a private or independent institution of higher education in this state that has established rules, regulations, or other provisions prohibiting license holders from carrying handguns pursuant to Section 411.2031(e), Government Code, or on the grounds or building on which an activity sponsored by such an institution is being conducted, or in a passenger transportation vehicle of such an institution, regardless of whether the handgun is concealed, provided the institution gives effective notice under Section 30.06.
(a-3) Notwithstanding Subsection (a) or Section 46.03(a), a license holder commits an offense if the license holder intentionally carries a concealed handgun on a portion of a premises located on the campus of an institution of higher education in this state on which the carrying of a concealed handgun is prohibited by rules, regulations, or other provisions established under Section 411.2031(d-1), Government Code, provided the institution gives effective notice under Section 30.06 with respect to that portion.
(b) A license holder commits an offense if the license holder intentionally, knowingly, or recklessly carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, regardless of whether the handgun is concealed or carried in a shoulder or belt holster, on or about the license holder's person:
(1) on the premises of a business that has a permit or license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic Beverage Code, if the business derives 51 percent or more of its income from the sale or service of alcoholic beverages for on-premises consumption, as determined by the Texas Alcoholic Beverage Commission under Section 104.06, Alcoholic Beverage Code;
(2) on the premises where a high school, collegiate, or professional sporting event or interscholastic event is taking place, unless the license holder is a participant in the event and a handgun is used in the event;
(3) on the premises of a correctional facility;
(4) on the premises of a hospital licensed under Chapter 241, Health and Safety Code, or on the premises of a nursing facility licensed under Chapter 242, Health and Safety Code, unless the license holder has written authorization of the hospital or nursing facility administration, as appropriate;
(5) in an amusement park; or
(6) on the premises of a church, synagogue, or other established place of religious worship.
(c) A license holder commits an offense if the license holder intentionally, knowingly, or recklessly carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, regardless of whether the handgun is concealed or carried in a shoulder or belt holster, in the room or rooms where a meeting of a governmental entity is held and if the meeting is an open meeting subject to Chapter 551, Government Code, and the entity provided notice as required by that chapter.
(d) A license holder commits an offense if, while intoxicated, the license holder carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, regardless of whether the handgun is concealed or carried in a shoulder or belt holster.
(e) A license holder who is licensed as a security officer under Chapter 1702, Occupations Code, and employed as a security officer commits an offense if, while in the course and scope of the security officer's employment, the security officer violates a provision of Subchapter H, Chapter 411, Government Code.
(f) In this section:
(1) "Amusement park" means a permanent indoor or outdoor facility or park where amusement rides are available for use by the public that is located in a county with a population of more than one million, encompasses at least 75 acres in surface area, is enclosed with access only through controlled entries, is open for operation more than 120 days in each calendar year, and has security guards on the premises at all times. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area.
(1-a) "Institution of higher education" and "private or independent institution of higher education" have the meanings assigned by Section 61.003, Education Code.
(2) "License holder" means a person licensed to carry a handgun under Subchapter H, Chapter 411, Government Code.
(3) "Premises" means a building or a portion of a building. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area.
Text of subsection as amended by Acts 2015, 84th Leg., R.S., Ch. 437 (H.B. 910), Sec. 47
(g) An offense under this section is a Class A misdemeanor, unless the offense is committed under Subsection (b)(1) or (b)(3), in which event the offense is a felony of the third degree.
Text of subsection as amended by Acts 2015, 84th Leg., R.S., Ch. 438 (S.B. 11), Sec. 4
(g) An offense under Subsection (a), (a-1), (a-2), (a-3), (b), (c), (d), or (e) is a Class A misdemeanor, unless the offense is committed under Subsection (b)(1) or (b)(3), in which event the offense is a felony of the third degree.
Text of subsection as amended by Acts 2015, 84th Leg., R.S., Ch. 437 (H.B. 910), Sec. 47
(h) It is a defense to prosecution under Subsection (a) or (a-1) that the actor, at the time of the commission of the offense, displayed the handgun under circumstances in which the actor would have been justified in the use of force or deadly force under Chapter 9.
Text of subsection as amended by Acts 2015, 84th Leg., R.S., Ch. 438 (S.B. 11), Sec. 4
(h) It is a defense to prosecution under Subsection (a), (a-1), (a-2), or (a-3) that the actor, at the time of the commission of the offense, displayed the handgun under circumstances in which the actor would have been justified in the use of force or deadly force under Chapter 9.
Chapter 9 is here... http://www.statutes.legis.state.tx.us/SOTWDocs/PE/htm/PE.9.htm
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Bluecthomas
New member
Alcohol consumption, especially in a bar where fights are pretty much normal, and carrying just a bad idea.
Jmo here, but gun free zones are pretty much an invitation to a wannabe mass shooter.
Something like that gay club shooting, a few guns in lock boxes under the bar, unlocked electronically by management, could of saved a lot of lives. But guns in the hands of drunk patrons, gonna cost a few lives here and there.
Jmo here, but gun free zones are pretty much an invitation to a wannabe mass shooter.
Something like that gay club shooting, a few guns in lock boxes under the bar, unlocked electronically by management, could of saved a lot of lives. But guns in the hands of drunk patrons, gonna cost a few lives here and there.
Recoil spring
New member
Lack of posting.
One thing I have seen here in Austin is the bar managers will sometimes not post the required sign of no guns if alcohol sales are more than 51%. They are supposed to be at the door to remind people to not bring in firearms, but if you walk on 6th St (lots of live music bars) not all of them have these postings visible.
I went into one of them years ago for lunch, I saw a menu on the front door for food. When I got in to order lunch I did not see the sign, While waiting for my food I walked around the place and it clearly was a bar, huge alcohol section. I finally saw the sign, but it was well away from the door and up near the ceiling in a darkened area. They are unsightly to the decor, so the manager wanted it out of sight. I had no weapon on me, but was curious about the signs as I no longer visit bars anymore.
I waited for 30 minutes and the people ahead of me were waiting far longer for their food so I left. Not sure how that would have worked out if someone from another state went in there for food and ended up having to draw their gun during a robbery if the sign was not easily visible.
One thing I have seen here in Austin is the bar managers will sometimes not post the required sign of no guns if alcohol sales are more than 51%. They are supposed to be at the door to remind people to not bring in firearms, but if you walk on 6th St (lots of live music bars) not all of them have these postings visible.
I went into one of them years ago for lunch, I saw a menu on the front door for food. When I got in to order lunch I did not see the sign, While waiting for my food I walked around the place and it clearly was a bar, huge alcohol section. I finally saw the sign, but it was well away from the door and up near the ceiling in a darkened area. They are unsightly to the decor, so the manager wanted it out of sight. I had no weapon on me, but was curious about the signs as I no longer visit bars anymore.
I waited for 30 minutes and the people ahead of me were waiting far longer for their food so I left. Not sure how that would have worked out if someone from another state went in there for food and ended up having to draw their gun during a robbery if the sign was not easily visible.
WI has a legal limit when carrying, but I don't think you can be drinking when in a bar. Contradicts a bit, but you got to make the nannies happy.
It sad so many states restrict this. Most places around here, that sell food, have alcohol, unless fast food. But this varies by region, down south darn hard to find a drink some times.
It sad so many states restrict this. Most places around here, that sell food, have alcohol, unless fast food. But this varies by region, down south darn hard to find a drink some times.