Mardi Gras?

[astro57]

Greetings CHL's and CHL in waitings. This being my first post, I would like to express that this is an excellent board that has been created and maintained and the posters that frequent this board seem to be quite courteous and knowledgeable. Although I've never posted here, I have been reading and learning on this forum for some time now. I apologize that my first post is, however, a question.

Earlier tonight a friend of mine and I went to Mardi Gras in Port Arthur. I'm not sure if any of you have ever been Mardi Gras in Port Arthur, but it is held, in my opinion, in about the worst possible place in the area. A place in which if one has the means to carry, such as a CHL, he or she would definitely want to do so. So my friend and I who are both CHL's were carrying but unsure of the legality of us carrying into Mardi Gras. As we approached the gate we saw no 30.06's or 51%'s but still wanted to be sure as to not surpass the bounds entrusted to us. We found a police officer near the gate and very politely informed him that we have CHL's and are at the moment carrying and asked if we are able to carry into Mardi Gras. He very politely said no and just asked us to leave it in the car and we happily complied. After a short and thought out conversation about whether or not to return to the festival without carrying, we decided we had our minds set on seeing the Kevin Fowler show.

So as you probably know, my question is, what does the law say about carrying at a place such as Mardi Gras? Not to shrug off the answer given us by the respectful police officer for I highly respect those who protect our streets, but becuase I honestly must say that I disagreed with his answer. But don't worry, I would never be disrespectful or argue with a policeman. To explain the venue, it is basically more or less a carnival held on a public street with rides and food booths and such, and you do buy tickets at a gate. They do sale alchohol.

On a side note, I actually asked another good friend of mine who is himself a police officer in another town simply to get his input on the subject, and he said he saw no reason why we wouldn't be able to as long as it wasn't posted 30.06 or 51%. However, so as to be sure he wasn't feeding us incorrect information, he asked some of his fellow officers and got mixed answers. So any response to this question would be greatly appreciated and you can be rest assured that whether I was right or wrong in my thoughts, I will comply with the law.

God Bless,

an astro fan

[Rokyudai]

Good morning and welcome 'officially' to the forum Astro!

That's a good question. Since I do not know the area where the events took place, I would advise reviewing PC 46.03 of the CHL laws to see if any of those prohibited places to carry are areas you are likely to be at as part of the festivities. My guess is "no" or "not likely", you already know enough not to go into bars. My gut is telling me you were ok to enter. Giving the cop the benefit of the doubt maybe he is thinking entry into an amusement park is prohibited ( I am being very kind and stretching big time) which is definitely NOT likely where you were at. According to the definition of an "amusement park" in the Texas CHL law book, it would have to be a permanent facility opened at least 120 days out of the year...and not part of a public street or private driveway. I am vastly paraphrasing but you can look it up (PC 46.035 letter F, #1 of the CHL handbook '07-08 version). He could have been a person not very well informed or has predisposed feelings about citizens carrying CCW...


I'm not sure what type of license under Alcohol and Beverage Code (ABC) the beer tents or vendor stands operate under during a carnival. They must be granted a license under one of the chapters of Texas ABC law 104.06 to qualify for a 51% sign but gee whiz...where would they define the boundaries on that! If it's anything like Mardis Gras in NOLA, you may as well forget about it! But seriously, I don't have any clue as to the particulars on that or if it would even apply to your ability to carry legally in your scenario.


Sorry I can't be much help. It's still pretty early and there is bound to be more knowledgeable people on as the day continues.

Again welcome!

[seamusTX]

Cities have quite a bit of latitude in the way they handle special events like Mardi Gras. IMHO, the law is not crystal clear on what they can and cannot do. Normally a city cannot prohibit CHL carry in a public place. If they set up metal detectors at a temporary entertainment zone and tell you that you can't carry a weapon with a CHL, your choice is to comply or try to get an injunction from a judge. Good luck with that.

- Jim

[AEA]

The State Fair of Texas tried the same thing and publicized it one day before opening in 2007. It did not get very far.

[jbirds1210]

It would be very difficult to adhere to rule #4:

Be sure of your target. Know what it is, what is in line with it and what is behind it. Never shoot at anything that you haven't positively identified.

I am not sure exactly what a good action would be in such a crowded place. I am not saying that I would never shoot....just that it is something to think about.

Jason

[seamusTX]

The problem is not inside entertainment districts, stadiums, and that sort of place. It's getting to and from. They are magnets for crooks looking for easy pickings.

- Jim

[astro57]

Thank ya'll for your responses. You are correct Jim. It isn't Mardi Gras itself that worries me. It seems like there is an officer about every 20 feet or so once your inside the gate, its getting to those gates that can be scary. There are VERY few parking lots to park in and for the most part you can only find parking along side streets, and the nearest spot to find can be quite a distance from the gate and in the middle of a very intimidating neighborhood.

[MoJo]

Port Arthur, TX is turning into the murder capitol of South East Texas with 3 in the last 10 days. I will not go to Port Arthur without a gun. My in-laws live there so most of my dealings down there are in their neighborhood. I refuse to go to "downtown" Port Arthur after dark armed or not. Sorry, stay away from Mardi Gras not because of what goes on at the festival site but for what happens off site.

[jbirds1210]

Galveston has to be close in the running.....two capital murders in the last seven days

[NcongruNt]

Hopefully srothstein will chime in on this, as he tends to be pretty familiar with TABC code...

I am not familiar with the way the licenses for festival locations are applied. If the festival is alcohol-intensive (as Mardi-Gras tends to be), it's possible that the entire festival is considered 51% due to alcohol sales. If alcohol sales are under the authority of the organizing management, then I could see how the festival itself could be considered a 51% venue and therefore legally off-limits to carrying under the authority of your CHL.

Just my thoughts on the topic.

[dustyb]

Port Arthur, TX is turning into the murder capitol of South East Texas with 3 in the last 10 days. I will not go to Port Arthur without a gun. My in-laws live there so most of my dealings down there are in their neighborhood. I refuse to go to "downtown" Port Arthur after dark armed or not. Sorry, stay away from Mardi Gras not because of what goes on at the festival site but for what happens off site.

I have never been to a Mardi Gras, but I would have a hard time enjoying the festivities if things are as bad as everyone says. I'm not willing to risk my safety for a Kevin Fowler concert.

[seamusTX]

I have never been to a Mardi Gras, but I would have a hard time enjoying the festivities if things are as bad as everyone says.

They're no worse than any other event with large crowds outdoors. In the 12 years that I have been in Galveston, there was one shooting by a deranged drunk (the kind of thing that can happen anywhere). The main criminal problem is drunks being mugged in out-of-the-way places, and the occasional sexual asssault also involving excessive alcohol.

BTW, this year Galveston does not have an entertainment district, and it has been much quieter. The police reported something like 10 arrests per weekend day for public intoxication and disorderly conduct. It used to be 50 or 100 a day.

- Jim

[dustyb]

BTW, this year Galveston does not have an entertainment district, and it has been much quieter. The police reported something like 10 arrests per weekend day for public intoxication and disorderly conduct. It used to be 50 or 100 a day.

- Jim

Jim,

That sounds a lot friendlier than the Mardi Gras in Port Arthur, as describe in this thread. The wife and I spent our honeymoon there, and have visited several other times, and always enjoyed it. I am sitting here now thinking about Casey's World Famous Shrimp Platter.

[WildBill]

dustyb - I like your signature!