TexasCHLforum.com

If an establishment is posted 51% can the owner/owners grant you permission to carry in said establishment?

No
Simply put, the TABC has it off limits to carrying by a CHL

Commander Cody wrote:If an establishment is posted 51% can the owner/owners grant you permission to carry in said establishment?

Yes and no, but not under CHL. Here are the rules:

Firearms on Licensed Premises
[Sections 11.61(e) and 61.71(f) AB Code]
The Commission shall cancel a retail alcoholic beverage permit or license if it is found, after notice and hearing, that the permittee or licensee knowingly allowed a person to possess a firearm in a building on the licensed premises. (See “Exceptions” below for instances when a person may carry a firearm on the premises.)

Exceptions
[Sections 11.61(e) and 61.71(f), Alcoholic Beverage Code, Section 46.15, Texas Penal Code]
Sections 11.61(e) and 61.71(f) of the Alcoholic Beverage Code and Section 46.02 of the Texas Penal Code do not apply to a person who:
1. holds a security officer commission issued by the Texas Private Security Bureau, if:
a. the person is engaged in the performance of the person's duties as a security officer;
b. the person is wearing a distinctive uniform; and
c. the weapon is in plain view;
2. is a peace officer;
3. is an alcoholic beverage licensee or permittee or employee of a licensee or permittee if the person is supervising the operation of the premises; or the firearm is possessed for ceremonial and/or display purposes, if such firearm is disabled from use as a firearm; 4. possesses a concealed handgun of the same category the person is licensed to carry;
5. is engaged in an historic reenactment approved by the Commission and no live ammunition is present; or
6. possesses a concealed handgun inside of or directly en route to a motor vehicle that is owned by the person or under the person’s control and the person is not:
a. engaged in criminal activity other than a class C misdemeanor traffic violation; or
b. prohibited by law from possessing a firearm; or
c. a member of a criminal street gang as defined in the Penal Code.

An offense still occurs if the concealed handgun licensee is on the premises of a business that has a mixed beverage permit, a private club registration permit, a wine and beer retailer’s permit or a beer retailer’s on-premise license if the business derives 51 percent or more of its income from the sale of alcoholic beverages for on-premise consumption.

More details here http://www.tabc.state.tx.us/laws/other/ ... sGuide.pdf" onclick="window.open(this.href);return false;

What does this mean?

Sections 11.61(e) and 61.71(f) of the Alcoholic Beverage Code and Section 46.02 of the Texas Penal Code do not apply to a person who:

4. possesses a concealed handgun of the same category the person is licensed to carry

Additional question: Does it make a difference if you are the owner?

Commander Cody wrote:What does this mean?

Sections 11.61(e) and 61.71(f) of the Alcoholic Beverage Code and Section 46.02 of the Texas Penal Code do not apply to a person who:

4. possesses a concealed handgun of the same category the person is licensed to carry

Section 46.035 is the actual statute that makes it illegal to carry on a 51% premise, so those don't apply IF you are carrying a handgun you qualified with. In other words, if you qualified with a revolver, you can only carry a revolver. And, if you were carrying a semi-auto, then you would not be covered by your CHL and could be charged with UCW the statutes listed as you would not get the CHL exemption even for a non-51% location.

Commander Cody wrote:Additional question: Does it make a difference if you are the owner?

I believe the bartender or owner can have a firearm on premise (can't readily find the rule), but they are not carrying under authority of CHL at that time.

Keith B wrote:

Commander Cody wrote:Additional question: Does it make a difference if you are the owner?

I believe the bartender or owner can have a firearm on premise (can't readily find the rule), but they are not carrying under authority of CHL at that time.

It's in the verbiage above

xceptions
[Sections 11.61(e) and 61.71(f), Alcoholic Beverage Code, Section 46.15, Texas Penal Code]
Sections 11.61(e) and 61.71(f) of the Alcoholic Beverage Code and Section 46.02 of the Texas Penal Code do not apply to a person who:
1. holds a security officer commission issued by the Texas Private Security Bureau, if:
a. the person is engaged in the performance of the person's duties as a security officer;
b. the person is wearing a distinctive uniform; and
c. the weapon is in plain view;
2. is a peace officer;
3. is an alcoholic beverage licensee or permittee (Person who the Licence or Permit is issued to) or employee of a licensee or permittee (An Employee of the aforementioned person) if the person is supervising the operation of the premises;

A Bartender may be the permittee, if he's the owner, or the employee of the permittee, and is 'supervising the operation' of the premises.

This same rule could probably even apply to a hired bouncer, as they are also definitely 'supervising the operation of the premises'.

In this situation, 46.02 doesn't apply to you, regardless of CHL, therefore, you are not carrying 'under' CHL, therefore 46.035 doesn't apply

Thanks dicion. I had posted but got a phone call about that time and missed the verbiage when I skimmed over the statute.