Sign in Chili's

[soccerguy59]

I visited my local Chili's and posted on the Host/Hostess stand has language stating something to the effect that it is against Texas Alcohol Commission for the possession of unlicensed firearm on premises. I went ahead and enjoyed the dinner with my son but was curious the intent of this law and the fines and penalty?

[seamusTX]

The "unlicensed possession" (blue) sign means that the place derives less than 51% of its income from the sale of alcoholic beverages for on-premises comsumption, which I would expect from Chili's. You're good to go there.

For someone without a CHL, carrying there is a felony.

- Jim

[mrbug]

The type of sign you referred to is very similar to the one I see at Valero stations. My understanding of it is that once you have your plastic you are now licensed and the sign does not prohibit you from carrying into the establishment.

[T3hK1w1]

That is a very common sign, it has no effect on CHL holders (See "UNLICENSED possession") but it states that non-CHL holders in possession are committing a felony(If I understand it correctly)

EDIT: I've seen these signs in almost every gas station and alcohol-serving restaraunt that I have been in.

[txinvestigator]

I visited my local Chili's and posted on the Host/Hostess stand has language stating something to the effect that it is against Texas Alcohol Commission for the possession of unlicensed firearm on premises. I went ahead and enjoyed the dinner with my son but was curious the intent of this law and the fines and penalty?

Texas law makes it illegal to carry a handgun on or about your person unless you meet one of several exceptions. To do so is a Class A Misdemeanor unless it is at a place that sells or serves alcohol, then it is a felony. Your CHL is one of the exceptions.

All places that sell or serve alcohol are required to post the sign you saw per TABC regulations. A third degree felony is punishment is imprisonment for any term of not more than 10 years or less than 2 years, and/or a fine not to exceed $10,000.

[HankB]

I noticed new signs like this popping up at the entrances of many restaurants during the last year or two.

As already stated, "Unlicensed" possession doesn't pertain to those with a valid CHL.

Regular restaurants that happen to serve alcohol (Chili's, Applebee's, Olive Garden, Red Lobster, and so on and so on) are OK for carry, as they don't make 51% of their sales in alcohol for on-premesis consumption.

[Popshot]

One of my favorite restaurants has these "unlicensed" signs posted next to the kitchen door. Could mean that there is a restriction from carrying into the kitchen? Nope. It is not uncommon for these signs to be posted incorrectly.

When I see these signs, I smile and think to myself, "Thank you for inviting me into your establishment".

[dpatterson]

When you see these signs posted the place you are entering sells alcohol but does not meet the 51%.

I know a couple gun friendly places that have these signs posted because they have too not because they are not gun friendly.

DP

[Doug.38PR]

If carrying there without a license is a felony....does that mean it's okay to carry say in a McDonalds without a license? (obviously not) Why then post anything at all? If carrying without a license is a felony offense in any event, what's the point of posting it or implying that if you are not inside said building without a license then you are in compliance with the law

Hehehe, I remember 25 years ago when I was a little boy wearing my two metal toy cowboy guns and cowboy outfit and walked with my dad into a Bar B Q place near our neighborhood that also served alchololic beverages to pick up some take out foot, the manager walked up to me while we were waiting and pointed to (I think) that or a similar sign telling me I was in violation of the law

[seamusTX]

Carrying a handgun without a license is a misdemeanor except in places that sell alcohol. In places that sell alcohol, it's a felony. That's sell, not just serve for on-premises consumption.

The sign is required by law. I guess it's so that someone who is caught can't say they didn't know.

- Jim

[Doug.38PR]

ahh, so if someone is carrying a gun on their person, then all they have to do is pay a fine? A misdemeanor is a minor infraction of the law and not typically a jailable offense. In short, what is the penalty and consequences of carrying a gun without a license? I always heard carrying without a license is "nothing to fool with" and "you could get 10 years for it" Doesn't sound like a misdemeanor to me.

[txinvestigator]

ahh, so if someone is carrying a gun on their person, then all they have to do is pay a fine? A misdemeanor is a minor infraction of the law and not typically a jailable offense. In short, what is the penalty and consequences of carrying a gun without a license? I always heard carrying without a license is "nothing to fool with" and "you could get 10 years for it" Doesn't sound like a misdemeanor to me.

Whoa there cowboy. Misdemeanors ARE less serious crimes in Texas, but are not "minor infractions", except perhaps for Class C Misdemeanors.

Class B's are punishable by not more than 180 days confinement in jail, and/or a $2k fine. Class A's are up to 1 year in jail and/or up to a $4k fine.

Class C's are punishable by a fine only.

Carrying without a license is a Class A, unless it is in a place where alcohol is sold or served, then it is a 3rd Degree Felony.

Additionally, carrying any firearm by even a CHLer on the physical premises of a school, at a polling place on election day or during early voting, on the premises of any government court or offices utilized by the court, on the premises of a racetrack (paramutual betting), in or into a secured area of an airport, or within 1000 feet of a place where an execution is taking place is a third degree felony.

[seamusTX]

ahh, so if someone is carrying a gun on their person, then all they have to do is pay a fine? ... I always heard carrying without a license is "nothing to fool with" and "you could get 10 years for it" Doesn't sound like a misdemeanor to me.

That's what the TABC sign says, 10 years.

In addition to fines and jail time, a class A misdemeanor means your CHL can be revoked, also other professional licenses. If it is a domestic violence offense, you can't own a firearm forever, or until the political climate changes. And you can and very well may be fired from many jobs.

Also note that some crimes are enhanced if the offender possesses a weapon, even if the weapon is not used. For example, criminal trespass is bumped up from a class B to a class A misdemeanor. Any crime committed within 100 yards of school grounds is similarly enhanced.

- Jim

[Doug.38PR]

Wow, they sure make things complicated. I do remember the CHL instructor going over all that in the CHL class.

They make it so complicated, that it leaves the way open for innocent people to get hurt by the law. For instance, suppose I am driving down I-45 and am pulled over by a DPS officer for having a busted tail light. We are right next to Huntsville Prison 900 ft away 30 minutes before an execution is about to take place. I hand him my chl and dl when he approaches.
That is of course far fetched, but not impossible.

More noteworthy is the fact that "gun free" zones used to restrict firearm ownership and even car carry within 1000 ft of a school until they changed the law to where it doesn't apply to sidewalks, streets and parkinglots only the school building itself (CHL instructor went over this in detail).


In Louisiana, they have rolled back some of it, but not to the extension texas has. Technically, if you are at a stoplight and a schoolbus pulls up next to you...that bus driver has just placed you in violation of the law.

Then we have the "traveling" laws. If grandma turner packs a .38 in her car when going to the grocery store because she lives in a bad neighborhood, she can be persecuted for carrying while not traveling.

Now of course, common sense wouldn't give any of these things a second thought, but unfortunately common sense isn't what necessarily rules our jurisdictions.

[txinvestigator]

Wow, they sure make things complicated. I do remember the CHL instructor going over all that in the CHL class.

They make it so complicated, that it leaves the way open for innocent people to get hurt by the law. For instance, suppose I am driving down I-45 and am pulled over by a DPS officer for having a busted tail light. We are right next to Huntsville Prison 900 ft away 30 minutes before an execution is about to take place. I hand him my chl and dl when he approaches.
That is of course far fetched, but not impossible.

That is not a problem; To be prosecuted the person carring a handgun must have received notice that he could not carry there.

Then we have the "traveling" laws. If grandma turner packs a .38 in her car when going to the grocery store because she lives in a bad neighborhood, she can be persecuted for carrying while not traveling.

Right now, that scenario would not be illegal for grandma. As of Sept. 1, that fact will be given more teeth under the law.