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what does this sign mean
Posted: Fri Jan 04, 2008 12:27 pm
by tboesche
OK, I am walking into a corner convinience type store that has a Wendy's, some other fast food joint, you can buy your gas(Ithink it was a Chevron) and also has a minimart that sells alcohol. Right next to the door I see two signs. the first reads(paraphrasing here):
Up to a maximum penalty of 10 years imprisonment for carrying a weapon where alcoholic beverages are sold, purchased or consumed.
Section 61.11 Alcohol beverage code article 46.03(g) of the Texas Penal code.
Right next to the sign was another sign that said:
It is a crime to consume alcoholic beverages on these premises.
The second sign obviously means that this is not a 51% location. Therefore, as I read it, the first sign is completely irrelevant to CHL holders.
Am I correct?
Re: what does this sign mean
Posted: Fri Jan 04, 2008 12:41 pm
by Texian
YES
Re: what does this sign mean
Posted: Fri Jan 04, 2008 1:10 pm
by Kalrog
The first sign is probably the standard "unlicensed possession" sign that TABC requires. You are correct that it doesn't mean anything to CHL holders.
Re: what does this sign mean
Posted: Fri Jan 04, 2008 1:47 pm
by TDDude
I've heard from folks who know that even though the sign is meaningless, it makes it easier to prosecute a gun toting BG if the sign is there. I guess it can be argued in court that the business owner doesn't mind if people illegally carry guns into a building if the sign isn't posted.
I know it makes no sense but when does the courtroom have to make sense.
Re: what does this sign mean
Posted: Fri Jan 04, 2008 2:41 pm
by txinvestigator
TDDude wrote:I've heard from folks who know that even though the sign is meaningless, it makes it easier to prosecute a gun toting BG if the sign is there. I guess it can be argued in court that the business owner doesn't mind if people illegally carry guns into a building if the sign isn't posted.
I know it makes no sense but when does the courtroom have to make sense.
That is just untrue.
The penalty is enhanced for carrying into a place where alcohol is served. The sign serves as a reminder.
Re: what does this sign mean
Posted: Mon Jan 07, 2008 9:02 am
by TDDude
txinvestigator wrote:TDDude wrote:I've heard from folks who know that even though the sign is meaningless, it makes it easier to prosecute a gun toting BG if the sign is there. I guess it can be argued in court that the business owner doesn't mind if people illegally carry guns into a building if the sign isn't posted.
I know it makes no sense but when does the courtroom have to make sense.
That is just untrue.
The penalty is enhanced for carrying into a place where alcohol is served. The sign serves as a reminder.
I was talking about any type of store or restaraunt, not a 51% place. My favorite restaraunt is Jason's Deli and they all have that generic "No Guns" sign that don't apply to CHL.
If there is no type of warning sign posted, I've been told, in one of my CHL classes, that it's harder to convict the BG. If there is a sign, more prosecutorial options are available.
Re: what does this sign mean
Posted: Mon Jan 07, 2008 9:59 am
by txinvestigator
TDDude wrote:
If there is no type of warning sign posted, I've been told, in one of my CHL classes, that it's harder to convict the BG. If there is a sign, more prosecutorial options are available.
No, it is not harder or easier to porsecute a Unlawfully Carrying Weapons with a any type of sign posted. The UCW law makes no mention of a sign; therefore, the addition of a sign does not give more options.
I suppose a non-30.06 sign might make it possible to file a trespass case on a non-chl holder.