TexasCHLforum.com

Mike1951 wrote:

MoJo wrote:Remember, it's only a defense to prosecution that the 51% is improperly posted you still have to obey it. Call TABC and have them set them straight.

Are you sure about this? The defense to prosecution is intended to apply when a chl carries in a 51% location without proper signage.

If it is not a 51% location, there is no violation, even if posted 51%.

That's what the DPS trooper told us at my instructor's class. Not the lawyer lady tha's wrong a lot, but the trooper teaching the class. If you see a 51% sign obey it, even if you think it's wrong. Contact TABC to clarify the issue.

Teamless wrote:Also on this, today I received my email alert from Texas3006.com, stating that The 1894 Grand was posted 30.06.....Coincidental? Was it reported to texas3006.com as it was 30.06 or is it really posted 30.06 or did someone post on texas3006.com that it was 30.06 when it really is posted 51% (even wrongly)?

Just checked Texas3006 to see if any comments....Website says "51%".....

If I was seeing the 51% sign for the first time, I would not know whether it was valid and would honor it.

But if I already knew the sign was incorrectly posted and it was not a 51% location, I maintain that no violation would have occurred,

Maybe Steve will offer his opinion on this.

MoJo wrote:

Mike1951 wrote:

MoJo wrote:Remember, it's only a defense to prosecution that the 51% is improperly posted you still have to obey it. Call TABC and have them set them straight.

Are you sure about this? The defense to prosecution is intended to apply when a chl carries in a 51% location without proper signage.

If it is not a 51% location, there is no violation, even if posted 51%.

That's what the DPS trooper told us at my instructor's class. Not the lawyer lady tha's wrong a lot, but the trooper teaching the class. If you see a 51% sign obey it, even if you think it's wrong. Contact TABC to clarify the issue.

Remember it's only a defense to prosecution (of 46.02) to carry under CHL at all...so decide if you want to risk "taking the ride" before you carry with your CHL...

Mike1951 wrote:If it is not a 51% location, there is no violation, even if posted 51%.

But of course, IANAL.

Thanks c-dub! Been carrying a long time. Took Cotton's courses at PSC over the years but this is my first question & post here. did ya'll look at their financials? They had nearly $3m in revenue in 2009. These guys are trying to tell me that they sold over 1.5m in alcohol?! Maybe they could have sold 51% of the visitors correctol.

If they post the wrong signs, complain to TABC. http://www.tabc.state.tx.us/enforcement ... cation.asp" onclick="window.open(this.href);return false;

Don't say anything about guns. Simply tell TABC the business name & address and complain they're not posting the right signs. TABC should investigate and make them fix it.

MoJo wrote:That's what the DPS trooper told us at my instructor's class. Not the lawyer lady tha's wrong a lot, but the trooper teaching the class. If you see a 51% sign obey it, even if you think it's wrong. Contact TABC to clarify the issue.

I think the trooper was telling you the safe way, and of course he did not have the advantage of the latest TABC change to their inquiry system.

The law is very clear that the violation is entering the premises of a location that is 51% as determined by TABC. It is important to note that it does not say actually is 51% or that is posted 51%. The TABC determination is the deciding factor. And, we now have the proof of the determination in their public inquiry system. And interestingly enough, if TABC says the sign is supposed to be blue, it would not be illegal to carry there even if they made all of their money from on-premise consumption sales.

But, I would also advise you to obey any sign you see if you had not entered the location before OR had not looked it up in the TABC system. If you were right to ignore it, you would still win the case but it would mean the arrest and trial to get there. The average officer who gets the call will go by the sign posted because he doesn't know how to determine the validity of the posting. He may or may not know the way the law is worded to be based on the determination, but I sincerely doubt most would even know how to check the license to read what should be posted.

Hey 41Garand. I was there with you on Friday and had to turn around and go back to the car once I saw it.

I actually made the post on http://www.texas3006.com" onclick="window.open(this.href);return false; this morning. Thanks to RPB for finding their correct TABC info. I've changed the listing from valid to invalid in texas3006.com.

Chris

westex1948 wrote:

Teamless wrote:Also on this, today I received my email alert from Texas3006.com, stating that The 1894 Grand was posted 30.06.....Coincidental? Was it reported to texas3006.com as it was 30.06 or is it really posted 30.06 or did someone post on texas3006.com that it was 30.06 when it really is posted 51% (even wrongly)?

Just checked Texas3006 to see if any comments....Website says "51%".....

Locations entered into texas3006.com prior to the modification of the TABC websire were taken at face value as there was not a easy method to validate. So, before, that entry was thought ot be potentially legit, but now with teh new website it shows that the sign is not legal. However, there is STILL a sign up, so texas3006.com is still correct.

Hey Chrispy. Glad you were there. I did the same. I felt kind of naked w/o the1911 walking blocks through crackville with 2 attractive women & 4 little kids. In addition, this area is one of the 25 most dangerous neighborhoods in the US per FBI crime stats. http://www.walletpop.com/2010/10/04/25- ... oods-2010/" onclick="window.open(this.href);return false;. Article states that you have a 1 in 11 chance of being a victim. Pretty good probability there. I think I will call TABC to get this corrected. Anyone have any contacts?

41Garand wrote:Hey Chrispy. Glad you were there. I did the same. I felt kind of naked w/o the1911 walking blocks through crackville with 2 attractive women & 4 little kids. In addition, this area is one of the 25 most dangerous neighborhoods in the US per FBI crime stats. http://www.walletpop.com/2010/10/04/25- ... oods-2010/" onclick="window.open(this.href);return false;. Article states that you have a 1 in 11 chance of being a victim. Pretty good probability there. I think I will call TABC to get this corrected. Anyone have any contacts?

You can go here to get a contact at a local field office http://www.tabc.state.tx.us/contact_us/ ... office.asp" onclick="window.open(this.href);return false;

Thanks Keith B. & thanks to all. I just contacted TABC & they confirmed everything we have said here about the sign color. They are going to be sending an officer over to the Opry House with the correct signage. Win some...

41Garand wrote:Thanks Keith B. & thanks to all. I just contacted TABC & they confirmed everything we have said here about the sign color. They are going to be sending an officer over to the Opry House with the correct signage. Win some...

Just as an FYI, I submitted a form to the TABC about an incorrect sign and it took 3-4 weeks for an officer to go and check the location. This was the Houston field office, and I don't know if they have a separate one for Galveston.

wcalvert wrote:

41Garand wrote:Thanks Keith B. & thanks to all. I just contacted TABC & they confirmed everything we have said here about the sign color. They are going to be sending an officer over to the Opry House with the correct signage. Win some...

Just as an FYI, I submitted a form to the TABC about an incorrect sign and it took 3-4 weeks for an officer to go and check the location. This was the Houston field office, and I don't know if they have a separate one for Galveston.

Just because the incorrect sign is high priority to you doesn't make it high priority to TABC.