PJK, thanks for asking the question. By doing so in this forum you will learn more yourself and your inquiry may serve to inform others who didn't bother to ask.
It is important for all of us to go back to our DPS law handbook and learn by heart certain sections so that we know without asking what we should do in regards to where we can go and where we cannot. We all have to do this and it is important so that we can be responsible for our own activities. The law and law officers take the imroper possession of a firearm VERY seriously.
In regard to the 51% signs, be aware that these signs are advisory only. They are for notification purposes and do not carry the force of law that a 'proper' 30.06 sign does.
By that I mean that the violation is directly related to the nature of the establishment and not to the presence or absence of a 51% sign. For example, if you go to your local diner where they serve an occasion beer with a meal and they have incorrectly posted the 51% sign but, in fact, are not a 51% extablishment as determined by the Tx Alcoholic Bevrage Commission (TABC), you have not violated any law. Locations with a TABC permit get a package of signs and not all of them apply to every place that gets the package.
On the other hand, if you go to a straight out bar, and they have neglected to post a 51% sign as required, you have committed a violation regardless of the fact that a sign should have been posted but wasn't.
To repeat, the violation occurs when you carry inside, based on the TABC determined status of the business and NOT the presence or absence of a 51% sign.
The last legislature made a needed adjustment to the law regarding 51% signs and establishments and the change went into effect on 9-1-09. The law NOW states that the absence of a 51% sign in a true 51% location is now a "defense to prosecution". The unfortunate thing is that a defense to prosecution is only used at your trial. This means that you have already been charged, probably arrested, probably had your CHL suspended, probably already spent a fair sum of money on an attorney in order for you to assert your defense to prosecution in court.
Be very wary of entering a place that LOOKS like a bar. If it is a restaurant like Chili's or Texas Land and Cattle or any other regular restaurant that happens to sell alcohol by the drink, your are OK. If it LOOKS like a bar, and SMELLS like a bar and QUACKS like a bar, you better keep your shootin' iron outside.
On the other hand, in regard to the 30.06 sign, the properly constructed sign DOES carry the force of law...as do the other forms of notification provided for in section 30.06. Remember, proper notificaton under Section 30.06 can be an oral notification...someone comes up and tells you (no specific wording required), or someone hands you a card or other document. This must have the specific wording but no size or other requirements. Finally, the location management can choose to post a sign....block letters, 1" high, constasting colors, specific wording, English & Spanish, in a conspicuous location clearly visible to the public.
Now keep in mind that CHL holders probably know the specifics of this law better than most law enforcement and location owners. So if you go up to a place where the sign is adhesive letters on glass, or the letters are only 7/8" high, or there is a misspelled word or incorrect punctuation, I would be wary of these circumstances too. The old saying "you might beat the rap but you won't beat the ride" comes into play here. Also remember, that 30.06 refers to coming into a location after you recieved notice OR you later recieved noticed and then did not leave immediately.
Realistically though, a proper 30.06 sign will be about 2 feet by 3 feet in size it is a big sign because the letters are 1" high and there are a lot of letters. So something on a sheet of typing paper won't do it. Ignore it. A bumper sticker won't do it, a circle around a handgun with a cross through it won't do it.
I hope this helps. Now lets go re-read our "Texas Concealed Handgun Law and Selected Statutes".
Here is where you can get one to download if you don't have one:
http://www.txdps.state.tx.us/ftp/forms/ls-16.pdf" onclick="window.open(this.href);return false;
Good Luck
I can't keep looking at it for very long. Did you design it? Anyway, please don't take this as a personal attack, it's a great Avatar. I just wondered if anyone else had expressed a similar visceral reaction to it...
