This is extra wishful...51% changes

This is the forum for topics directly related to desired changes in the upcoming legislative session.

Moderator: carlson1


Topic author
HootHoot
Junior Member
Posts: 5
Joined: Sun Nov 13, 2016 12:29 am

This is extra wishful...51% changes

Postby HootHoot » Wed Nov 30, 2016 9:56 pm

Any chance we can have the 51% law repealed in light of Orlando? Be nice if I could carry when I'm DD anyway and not drinking. "Designated carrier" if you will?

Now, more realistically, can we have this dropped from being a full-blown felony, at least only being a felony if you're caught drinking and carrying?

I ask this as someone who has personally encountered at least one poorly placed 51% sign in a restaurant that was not, in fact, a 51% establishment per TABC. Perks of living in Austin, I guess.

User avatar

Flightmare
Senior Member
Posts: 1528
Joined: Wed Mar 09, 2016 7:00 pm
Location: Plano, TX

Re: This is extra wishful...51% changes

Postby Flightmare » Wed Nov 30, 2016 10:22 pm

HootHoot wrote:Any chance we can have the 51% law repealed in light of Orlando? Be nice if I could carry when I'm DD anyway and not drinking. "Designated carrier" if you will?

Now, more realistically, can we have this dropped from being a full-blown felony, at least only being a felony if you're caught drinking and carrying?

I ask this as someone who has personally encountered at least one poorly placed 51% sign in a restaurant that was not, in fact, a 51% establishment per TABC. Perks of living in Austin, I guess.


Designated Defender
Deplorable lunatic since 2016

User avatar

Rhino1
Member
Posts: 166
Joined: Sun Dec 28, 2008 9:59 pm
Location: Smithson Valley (Comal County)

Re: This is extra wishful...51% changes

Postby Rhino1 » Wed Nov 30, 2016 11:08 pm

I'd love to see this changed. I've had two instances (that I know of) where I carried inside a 51% location and didn't see the sign until I was leaving. May have had grounds for a defense but still was the in violation. One was a wine store in Gruene. Have never seen a liquor store posted so didn't occur to me that they had wine tasting, hence on site consumption. The other was like many restaurants that also have a bar. Never occurred to me until I saw the sign after lunch.
The person who has nothing for which he is willing to fight, nothing which is more important than his own personal safety, is a miserable creature and has no chance of being free unless made and kept so by the exertions of better men than himself.


twomillenium
Senior Member
Posts: 1269
Joined: Tue Mar 26, 2013 10:42 pm
Location: houston area

Re: This is extra wishful...51% changes

Postby twomillenium » Wed Nov 30, 2016 11:31 pm

Rhino1 wrote:I'd love to see this changed. I've had two instances (that I know of) where I carried inside a 51% location and didn't see the sign until I was leaving. May have had grounds for a defense but still was the in violation. One was a wine store in Gruene. Have never seen a liquor store posted so didn't occur to me that they had wine tasting, hence on site consumption. The other was like many restaurants that also have a bar. Never occurred to me until I saw the sign after lunch.

To have a 51% sign, the wine store would need to make at least 51% of their sales on the CONSUMPTION of alcohol. I don't know of any wine stores that do this, maybe it was a wine bar.
Texas LTC Instructor, NRA pistol instructor, RSO, NRA Endowment Life , TSRA, Glock enthusiast (tho I have others)
Knowledge is knowing a tomato is a fruit, wisdom is knowing not to add it to a fruit salad.

You will never know another me, this could be good or not so good, but it is still true.

User avatar

rtschl
Senior Member
Posts: 621
Joined: Thu Jul 02, 2009 1:50 pm
Location: Fort Worth

Re: This is extra wishful...51% changes

Postby rtschl » Thu Dec 01, 2016 12:15 am

I do not think guns and alcohol mix - ever. But imho 51% is a not the best way to go about it. There has to be a more sensible way that can pass through the legislature. I agree about the frustration of being in an establishment yet I'm prohibited from carrying as I don't drink. Where this is the biggest problem is when it is tied to a vendor selling in a non prohibited place (think city or county owned venues) but because the license is tied to the vendor the entire premises is now 51% - even if it is being rented by some other group and alcohol isn't being sold. :banghead:
This needs to be fixed definitively!
Ron
NRA Member

User avatar

Charles L. Cotton
Site Admin
Posts: 16694
Joined: Wed Dec 22, 2004 9:31 pm
Location: Friendswood, TX
Contact:

Re: This is extra wishful...51% changes

Postby Charles L. Cotton » Thu Dec 01, 2016 8:38 pm

Repealing the 51% prohibition as a stand-alone bill has no chance of passing. As part of repealing off-limits areas in a comprehensive bill, it can pass. It could well be that it would include a ban on drinking while carrying in a 51% location.

Chas.
Image


mdubtx
Member
Posts: 123
Joined: Mon Sep 21, 2015 11:15 pm

Re: This is extra wishful...51% changes

Postby mdubtx » Thu Dec 01, 2016 8:49 pm

Charles beat me with his own points I was going to interject. I was just listening to Episode #16 of his podcast from June. It's a good listen [of course] and he speaks directly to your point.

https://www.texasfirearmscoalition.com/index.php/podcasts/138-episode-16-time-to-close-human-hunting-grounds
May we never haver to draw but always be prepared.
:patriot: :txflag:
NRA Benefactor Member / TSRA Family Membership


Mxrdad
Senior Member
Posts: 535
Joined: Sat Sep 24, 2016 4:55 pm

Re: This is extra wishful...51% changes

Postby Mxrdad » Thu Dec 01, 2016 9:08 pm

Charles L. Cotton wrote:Repealing the 51% prohibition as a stand-alone bill has no chance of passing. As part of repealing off-limits areas in a comprehensive bill, it can pass. It could well be that it would include a ban on drinking while carrying in a 51% location.

Chas.


I dont see a problem with that and could certainly live with it. :cheers2:
Finally woke up.......... Proud NRA Life member.
Proud member of TSRA as well.


locke_n_load
Senior Member
Posts: 932
Joined: Tue Apr 09, 2013 3:35 pm

Re: This is extra wishful...51% changes

Postby locke_n_load » Fri Dec 02, 2016 12:09 pm

Charles L. Cotton wrote:Repealing the 51% prohibition as a stand-alone bill has no chance of passing. As part of repealing off-limits areas in a comprehensive bill, it can pass. It could well be that it would include a ban on drinking while carrying in a 51% location.

Chas.


Would be strange to be able to carry at a bar and grill (like Chili's) with a beer but not at a real bar. Does it not lead into some possible poison amendment to make it illegal to carry and have any alcohol anywhere?
"They that would give up Essential Liberty, for a little temporary Safety, deserve neither Liberty nor Safety"

EDC - Glock 26 Gen IV
CHL Holder since 10/08


srothstein
Senior Member
Posts: 3867
Joined: Sat Dec 16, 2006 8:27 pm
Location: Luling, TX

Re: This is extra wishful...51% changes

Postby srothstein » Fri Dec 02, 2016 5:55 pm

twomillenium wrote:To have a 51% sign, the wine store would need to make at least 51% of their sales on the CONSUMPTION of alcohol. I don't know of any wine stores that do this, maybe it was a wine bar.


The problem with this is that the TABC application doesn't ask the question that way and the law says the TABC determination. The application just asks for the percentage of sales from alcoholic beverages and then checks to see if the license is for on-premise consumption. Many places that sell for on and off premise consumption have no realistic way to determine the split between the two.
Steve Rothstein

User avatar

bmwrdr
Senior Member
Posts: 1078
Joined: Tue Sep 03, 2013 4:05 pm

Re: This is extra wishful...51% changes

Postby bmwrdr » Fri Dec 02, 2016 6:03 pm

I agree, that particular law should be changed. If you don't drink you should not be rendered defenseless.

:tiphat:
I scarified political correctness to preserve honesty ︻╦̵̵͇̿̿̿̿══╤─


4WG 2WB
Junior Member
Posts: 4
Joined: Sat Dec 03, 2016 4:16 pm

Re: This is extra wishful...51% changes

Postby 4WG 2WB » Sat Dec 03, 2016 4:32 pm

Charles L. Cotton wrote:Repealing the 51% prohibition as a stand-alone bill has no chance of passing. As part of repealing off-limits areas in a comprehensive bill, it can pass. It could well be that it would include a ban on drinking while carrying in a 51% location.

That sounds reasonable, especially if the new law applies to everybody. LTC, LEO, MIL, FED
Four wheels good.
Two wheels better.

User avatar

ScottDLS
Senior Member
Posts: 4013
Joined: Sun Jun 26, 2005 1:04 am
Location: DFW Area, TX

Re: This is extra wishful...51% changes

Postby ScottDLS » Sat Dec 03, 2016 6:43 pm

srothstein wrote:
twomillenium wrote:To have a 51% sign, the wine store would need to make at least 51% of their sales on the CONSUMPTION of alcohol. I don't know of any wine stores that do this, maybe it was a wine bar.


The problem with this is that the TABC application doesn't ask the question that way and the law says the TABC determination. The application just asks for the percentage of sales from alcoholic beverages and then checks to see if the license is for on-premise consumption. Many places that sell for on and off premise consumption have no realistic way to determine the split between the two.


I have never seen a wine or liquor store that "sells" anything for on premises consumption. I've been in many with blue signs that offer samples. Are any stores that offer samples required to get an on premises license?
4/13/1996 Completed CHL Class, 4/16/1996 Fingerprints, Affidavits, and Application Mailed, 10/4/1996 Received CHL, renewed 1998, 2002, 2006, 2011, 2016...). "ATF... Uhhh...heh...heh....Alcohol, tobacco, and GUNS!! Cool!!!!"


The Wall
Senior Member
Posts: 819
Joined: Thu Mar 26, 2015 10:59 am

Re: This is extra wishful...51% changes

Postby The Wall » Sat Dec 03, 2016 7:04 pm

Designated drivers going to a bar should stay in the car. :lol: I've seen too many normally passive people get mean, nasty and obnoxious when drinking. I would feel more comfortable knowing they weren't carrying a firearm personally. They could do away with the signs, but not allow carrying while in a bar. I think everyone knows what a bar is. An alcoholic beverage drinking establishment.

User avatar

der Teufel
Senior Member
Posts: 295
Joined: Sat Jul 11, 2009 12:31 pm
Location: In the vicinity of Austin

Re: This is extra wishful...51% changes

Postby der Teufel » Sat Dec 03, 2016 7:35 pm

My pub crawling days are long behind me, but there are times I'd like to go someplace for entertainment where alcohol is served. Some outfits apparently contract out the bar services, meaning the company that sells the drinks definitely earns over 51% of their income from alcohol sales. This makes the entire place off-limits. I'd like to see that rule changed.
Auf einen großen Klotz gehört ein großer Keil.
English equivalent: You must meet roughness with roughness.
NRA Life Member


Return to “2017 Legislative Wish List”

Who is online

Users browsing this forum: No registered users and 1 guest