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Handguns in a bar #3204972 05/05/12 11:27 AM
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I work at a sports bar.. After we close.. I got a nerd that is a bouncer there that goes to his truck and gets his Glock... Like we or going to get robbed. Is that legal?? Also.. can off duty police or US marshals carry in a bar..



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Re: Handguns in a bar [Re: BruiserOutlaw] #3205043 05/05/12 12:48 PM
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I don't think you can carry anywhere alcohol is served. Most places even have a sign on the door or somewhere out front. As far as cops, I think any police officer that wants to keep his job would leave his gun in the truck if he went to a bar. I hope the nerd you speak of has a CHL, if not anywhere he carrys concealed would be illegal. Someone correct me if I'm wrong.


Re: Handguns in a bar [Re: roostershooter] #3205061 05/05/12 12:56 PM
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Not sure, but it sounds like a dumb idea on his part.


Re: Handguns in a bar [Re: cmorsch] #3205092 05/05/12 01:05 PM
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you can carry in a bar as long as it does not make 51% of its revenue on alcohol. For instance Sports City Cafe in Mesquite is the only place in Mesquite I cant carry. Its called the 51% rule, but if your there drinking with a CHL you should have left you gun at home. There is no limit to alcohol while carrying. .0000001 is too much alcohol while carrying. Felony if caught. That bouncer can carry openly if the bar allows him to. By what your saying sounds like hes just a dumb*** with a gun.



"The only thing necessary for the triumph of evil is for good men to do nothing" Edmund Burke


Re: Handguns in a bar [Re: DeerSlayer31] #3205098 05/05/12 01:09 PM
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CHL holders can't carry in a business that derives 51% or more of its income from alcohol sales, regardless of 30.06 signs.
LE can carry in those establishments, but if he is drinking and carrying he is just asking for trouble. If he has to use his weapon, the media and his department would most likely gut him and end his career.



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Re: Handguns in a bar [Re: Grizz] #3205114 05/05/12 01:17 PM
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If your bouncer doesn't have the consent of the owner/manager then he is most likely in violation to have a firearm on the premises. LE can carry. I've done it when I was not drinking.



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Re: Handguns in a bar [Re: LandPirate] #3205374 05/05/12 04:12 PM
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I am pretty sure he does not have a CHL... I know a CHL holder can not carry in a bar.. I have seen the 51% SIGNS.. Now I do not know if he has owner consent to have it..

I always had that notion that NO ONE could have their piece in a bar... During hours or after hours...

I sure would like to know for sure..



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Re: Handguns in a bar [Re: BruiserOutlaw] #3205909 05/05/12 10:53 PM
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Whydoestheidiotrunhismouthaboutit?


Re: Handguns in a bar [Re: Johnny Lobos] #3206366 05/06/12 03:05 AM
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I agree with Johnny, if I were to carry where I wasn't supposed to, I wouldn't tell anyone about it.


But as a CHL holder I do obey the 51% and the 30.06 laws.



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Re: Handguns in a bar [Re: DeerSlayer31] #3207443 05/06/12 05:23 PM
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Originally Posted By: DeerSlayer31
. There is no limit to alcohol while carrying. .0000001 is too much alcohol while carrying. Felony if caught. n.


Please show the law or a link..I believe you are mistaken.

I agree..never carry and drink....but Felony?,,,that's the issue I am wondering about....there is no law I could find. I did find a .08.

Please show us,

Thanks,
Shane



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Re: Handguns in a bar [Re: Superduty] #3207458 05/06/12 05:31 PM
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Landpirate is spot on.
As usual


Re: Handguns in a bar [Re: longhorn_cop] #3207518 05/06/12 06:13 PM
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Masada Ayoob did a write up in Handgunner a couple years ago about an off duty cop that shot a guy after an incident in a bar parking lot. The officer had been inside drinking- even though he was later shown to be justified it still damaged his career pretty badly. It's wise not to carry to the bar. Even wiser to not go in the first place... up


Re: Handguns in a bar [Re: KC] #3209901 05/07/12 07:23 PM
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Seems the key is "after we close".



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it is the illusion of knowledge.--Stephen Hawking
Re: Handguns in a bar [Re: blackcoal] #3209950 05/07/12 07:44 PM
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I dont think the after we close matters, if the 51% signs are posted.


Re: Handguns in a bar [Re: Superduty] #3209966 05/07/12 07:49 PM
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Originally Posted By: Superduty
Originally Posted By: DeerSlayer31
. There is no limit to alcohol while carrying. .0000001 is too much alcohol while carrying. Felony if caught. n.


Please show the law or a link..I believe you are mistaken.

I agree..never carry and drink....but Felony?,,,that's the issue I am wondering about....there is no law I could find. I did find a .08.

Please show us,

Thanks,
Shane


This is what I remember from my CHL class. Regardless it is stupid to carry and drink. Also if he doesn't have a CHL I don't think the 51% rule applies to him, so if he has permission of owner and does not have a CHL I think he would be in the clear.



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Re: Handguns in a bar [Re: KRoyal] #3213254 05/09/12 03:08 AM
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Well I see the nerds point, after all most places that are robbed are robbed after closing when there is a ton of cash on hand.

On the other hand the bar "nerd" is usually the guy you wouldnt want defending you if such a thing were to happen.

Also the most dangerous part of being a bouncer isnt being robbed or even doing your job....Its when you walk out to your truck alone at 3am and a half dozen D-bags you had thrown out of the bar earlier are looking to even the score.

1. lock the doors when you close
2. everyone leave together at the same time
3. If he's leaving his glock in the car all night its more likely to be stolen before it can do any good.

The place I used to work, if you wanted to bring a defensive emplement you brought it in before opening and locked it in the managers desk until you were ready to leave.


Re: Handguns in a bar [Re: DeerSlayer31] #3213272 05/09/12 03:15 AM
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Originally Posted By: DeerSlayer31
you can carry in a bar as long as it does not make 51% of its revenue on alcohol. For instance Sports City Cafe in Mesquite is the only place in Mesquite I cant carry. Its called the 51% rule, but if your there drinking with a CHL you should have left you gun at home. There is no limit to alcohol while carrying. .0000001 is too much alcohol while carrying. Felony if caught. That bouncer can carry openly if the bar allows him to. By what your saying sounds like hes just a dumb*** with a gun.


For onsite consumption. Liquor stores are perfectly alright to carry in.


Re: Handguns in a bar [Re: devildog28] #3213275 05/09/12 03:18 AM
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Private businesses can do what they want thought right? I'm sure plenty of bar owners have mare's legs behind the counter legally.


Re: Handguns in a bar [Re: devildog28] #3213282 05/09/12 03:22 AM
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Originally Posted By: devildog28
Originally Posted By: DeerSlayer31
you can carry in a bar as long as it does not make 51% of its revenue on alcohol. For instance Sports City Cafe in Mesquite is the only place in Mesquite I cant carry. Its called the 51% rule, but if your there drinking with a CHL you should have left you gun at home. There is no limit to alcohol while carrying. .0000001 is too much alcohol while carrying. Felony if caught. That bouncer can carry openly if the bar allows him to. By what your saying sounds like hes just a dumb*** with a gun.


For onsite consumption. Liquor stores are perfectly alright to carry in.


No sir!...you Cannot carry in a liquor store.

Shane



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Re: Handguns in a bar [Re: Superduty] #3213500 05/09/12 08:01 AM
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This is a on the edge subject...
I am also a bouncer there... I never go get my piece... I get my stuff done.. get all the girls to there cars then I go home... He carries his glock around like he is some badass with a gun.. It's just dumb... I have a 380 ruger in the truck and work the most nights... I never go get my weapon at the end of the night..
Thank you Lord I haven't pissed off someone so bad they wait for me.. They will be in deep poo poo if they do...



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Re: Handguns in a bar [Re: BruiserOutlaw] #3213735 05/09/12 01:26 PM
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So this is really just a rant that the other bouncer is a mall ninja? Lol hate those guys.



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Re: Handguns in a bar [Re: Superduty] #3214239 05/09/12 05:19 PM
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Originally Posted By: Superduty
Originally Posted By: devildog28
Originally Posted By: DeerSlayer31
you can carry in a bar as long as it does not make 51% of its revenue on alcohol. For instance Sports City Cafe in Mesquite is the only place in Mesquite I cant carry. Its called the 51% rule, but if your there drinking with a CHL you should have left you gun at home. There is no limit to alcohol while carrying. .0000001 is too much alcohol while carrying. Felony if caught. That bouncer can carry openly if the bar allows him to. By what your saying sounds like hes just a dumb*** with a gun.


For onsite consumption. Liquor stores are perfectly alright to carry in.


No sir!...you Cannot carry in a liquor store.

Shane


Look it up. You are wrong. 51% sales on alcohol consumption. It must be posted 51% to be legal, but if you look at the liquor license, it will say SIGN=RED if 51% or SING=Blue for less than 51% and ok to carry unless posted 30.06.

There is no specific limit on BAC, but if you police officer has reason to think your intoxicated, your drinking, and your carrying, you'll probably be in more trouble. It is not illegal to drink while carrying, it is illegal to be intoxicated and carry. The definition is just fuzzy.

Whether or not it is smart to drink and carry is another matter. not to get them confused. The OP's problem is complicated by being an employee.


Quote:


Sec. 46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER. (a) A license holder commits an offense if the license holder carries a handgun on or about the license holder's person under the authority of Subchapter H, Chapter 411, Government Code, and intentionally fails to conceal the handgun.
(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, 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 home licensed under Chapter 242, Health and Safety Code, unless the license holder has written authorization of the hospital or nursing home 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, at any meeting of a governmental entity.
(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.
(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.



Re: Handguns in a bar [Re: Chris42] #3214609 05/09/12 08:31 PM
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I stand corrected....wow for all these years I coulda carried in a liquor store and didn't know it.

You learn something new everyday.

I remember when we couldn't carry in a church. Your code is old!....you CAN carry to church now.

Shane


Last edited by Superduty; 05/09/12 08:32 PM.

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Re: Handguns in a bar [Re: KRoyal] #3214637 05/09/12 08:48 PM
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Originally Posted By: KRoyal
So this is really just a rant that the other bouncer is a mall ninja? Lol hate those guys.


It more curiosity...



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Re: Handguns in a bar [Re: Superduty] #3215220 05/10/12 12:50 AM
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Originally Posted By: Superduty
I stand corrected....
I remember when we couldn't carry in a church. Your code is old!....you CAN carry to church now.

Shane


That is the current code. It is still illegal, but there has to be a sign.

Quote:
(i) Subsections (b)(4), (b)(5), (b)(6), and (c) do not apply if the actor was not given effective notice under Section 30.06.

This section requires the 30.06 notice be posted for hospitals, amusement parks, churches and government meetings... chalk it up to politics.



Good Hunting,
Gary
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