TexasCHLforum.com

WildBill wrote:

Beiruty wrote:I am no drinker. However, I have one question, in TX is it legal to consume Alcohol in the public, on the street?

If it's in a paper sack, who's to know what you're drinkin?

What's the deal with the paper sack?? (Obviously, not much of a drinker.)

When I occasionally decide to pick up a beer or two at a convenience store, they always insist on slipping each into a small paper bag.

First, I'm not opening anything until I get home. Second, who is the bag gonna fool?

First - good
Second - nobody.

On the subject of Public Intoxication: Galveston, TX; the Strand. An awesome drinking experience, and generally friendly place. The liquor store I went into has a bottle opener on the wall on your way out, and at any bar, restaurant there you can buy a beer and just walk right down the street with it, as well as walk into most of the establishments with a beer already in hand and sit down and keep drinking. Police patrol there and talk with the patrons and are very down to earth. Like I said, awesome place to hang out. Mardi Gras was a BLAST there.

When in a US Post Office, couldn't you just point to the copy of the Bill of Rights on the wall as proof that you are OK to carry?

If one has an "inalienable" right, that is a right that is undisputable, absolute, unassailable or inherent (depending on which dictionary you use) and the Bill of Rights says that the government (acting as the "will of the people") cannot inact any law to abridge that right; then what are we missing? I know, and agree with, the "don't be a test case" argument. I'm just at a loss as to how we've gotten to the point where we are wrangling with contract post office vs. U.S. owned post office vs. leased space in the Galleria.

I also understand the rationale around not carrying in places that may be emotionally charged, like at the Friday night or Sunday afternoon football game. Maybe that same rationale would argue against carrying at the post office.

But why not at a school? I would think our protective nature would be a plus in that environment?

I asked my CHL instructor buddy this question. He presented the question to the folks in Austin, and here is the reply.




Hi Mr. E,



Thank you for your question.



According to the Federal Firearms Act, whoever knowingly possesses or causes to be present a firearm or other dangerous weapon in a Federal facility (other than a Federal court facility), or attempts to do so, shall be fined under this title or imprisoned not more than 1 year, or both.



Under your scenario of a convenient store and post office sharing the same open space, the convenient store would not trump the federal law governing unlawful carrying in a post office. The Texas requirement of a 30.06 sign would not apply to a federal facility and therefore a sign is not needed for the post office/convenient store.



If you have any further questions, please don’t hesitate to ask.





Thanks,



Office of Regulatory Counsel







From: CHLinstructors
Sent: Thursday, August 19, 2010 11:32 AM
To: RLS Legal Staff
Subject: FW: Instructor Question



Can you help with this question please?



Thank you.



From:
Sent: Thursday, August 19, 2010 11:13 AM
To: CHLinstructors
Subject: Instructor Question



This was brought up in my class over this past weekend.

It is illegal to carry a gun into a typical stand alone federal post office. What happens in the country type stores, where you will have a convenience store and a post office sharing a location?
With no 30.06 posted sign.

thanks

So a little post office tucked into the corner of a country convenience store thereby raises that store to the status of a "Federal Facility". Right up there with Fort Knox.

I guess that is why common sense is so uncommon.