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A friend of mine is opening a bar in the Stafford area of Houston and has asked me to work part time for him on occasion. Being an employee of the bar am I allowed to carry while working .the bar will be posted but as an employee does this bypass 30.06,just wondering if any legal eagles on the forum can answer this question.

Yes, an employee or owner of a bar may carry while at work.

§46.15. NONAPPLICABILITY. (a) Sections 46.02 and 46.03 do
not apply to a person who:...

(8) holds an alcoholic beverage permit or license or is an employee
of a holder of an alcoholic beverage permit or license if the person
is supervising the operation of the permitted or licensed premises.

llwatson wrote:Yes, an employee or owner of a bar may carry while at work.

§46.15. NONAPPLICABILITY. (a) Sections 46.02 and 46.03 do
not apply to a person who:...

(b) Section 46.02 does not apply to a person who:

(8) holds an alcoholic beverage permit or license or is an employee
of a holder of an alcoholic beverage permit or license if the person
is supervising the operation of the permitted or licensed premises.

Fixed it. 46.03 is not exempted by that section, just 46.02.

And an employee may not carry unless he is supervising the operation of the bar.

I think this is a good time for Steve Rothstein, TABC Academy director, to wade in.

TXI and others, I have a question here...

What makes it correct for a gun shop owner to have his employees walking around with a gun on their belt?

Russ

kw5kw wrote:TXI and others, I have a question here...

What makes it correct for a gun shop owner to have his employees walking around with a gun on their belt?

Russ

Texas Penal Code

§46.15. Nonapplicability.


(b) Section 46.02 does not apply to a person who:


(2) is on the person's own premises or premises under the
person's control


46.02 makes it illegal to carry on or about your person a handgun, illegal or club. It makes no mention of concealed, plain view, etc. Since 46.15 makes that section non-applicable, then a person in control of a premise can carry on or about his person, period.

A person working at a gun shop is in control of the premises if they actually have control. The counter employees can ask people to leave, refuse service, etc.

txinvestigator wrote:A person working at a gun shop is in control of the premises if they actually have control. The counter employees can ask people to leave, refuse service, etc.

So can a bartender.

KBCraig wrote:

txinvestigator wrote:A person working at a gun shop is in control of the premises if they actually have control. The counter employees can ask people to leave, refuse service, etc.

So can a bartender.

KBCraig wrote:

txinvestigator wrote:A person working at a gun shop is in control of the premises if they actually have control. The counter employees can ask people to leave, refuse service, etc.

So can a bartender.

His question was not about a bartender, it was specifically about gun shop employees.

Bartenders were covered by 46.15(b)8. But that does lead one to wonder why 46.15(b)8 is needed.

txinvestigator wrote:

KBCraig wrote:

txinvestigator wrote:A person working at a gun shop is in control of the premises if they actually have control. The counter employees can ask people to leave, refuse service, etc.

So can a bartender.

His question was not about a bartender, it was specifically about gun shop employees.

It was a question about why gun shop employees can carry, when you'd previously said bartenders couldn't. In a question specifically about bartenders, you replied:

And an employee may not carry unless he is supervising the operation of the bar.

If you meant to include bartenders as those who are "supervising the operation of the bar", then sorry for the misunderstanding. But as you wrote it, I read it to mean a manager of some type, not just bartenders.

Kevin

So unless I am tending bar I am unable to carry. Not sure what my role would be at his bar but it will probaly be somewhat along the lines of watch the place while I am gone or provide an authority figure to the other employees while he is gone or during special events such as pool tornuments or karioke nites ,,,,,,,, run the door ,etc but not limited to just bartending.

bevans wrote:So unless I am tending bar I am unable to carry. Not sure what my role would be at his bar but it will probaly be somewhat along the lines of watch the place while I am gone or provide an authority figure to the other employees while he is gone or during special events such as pool tornuments or karioke nites ,,,,,,,, run the door ,etc but not limited to just bartending.

The best way to clarify this is to look at the TABC rules and regulations. If anyone ever wants to look at TABC rules, they are contained in the Administrative Code, Title 16, Part 3. Chapter 36, rule 36.1 (available on line here: http://info.sos.state.tx.us/pls/pub/rea ... ch=36&rl=1 ) shows who can carry a gun on a licensed premise. It says it is only the licensee or permittee as defined in the Alcoholic Beverage Code. In the ABC, it defines the licensee or permittee to include any employee.

While I would not swear to the interpretation of it without checking with our legal department, my personal interpretation would be that any employee working in the bar could legally carry.

KBCraig wrote:

txinvestigator wrote:

KBCraig wrote:

txinvestigator wrote:A person working at a gun shop is in control of the premises if they actually have control. The counter employees can ask people to leave, refuse service, etc.

So can a bartender.

His question was not about a bartender, it was specifically about gun shop employees.

It was a question about why gun shop employees can carry, when you'd previously said bartenders couldn't. In a question specifically about bartenders, you replied:

And an employee may not carry unless he is supervising the operation of the bar.

If you meant to include bartenders as those who are "supervising the operation of the bar", then sorry for the misunderstanding. But as you wrote it, I read it to mean a manager of some type, not just bartenders.

Kevin

I NEVER said a bartender could not carry Kevin. You just like to argue with me, so you look for things to argue about, for Pete's sake.

I quoted the law. I also did not include Doctor's, Dentists, Lawyers, gorcery Store clerks, fast food store employees, etc.

txinvestigator wrote:

KBCraig wrote:

txinvestigator wrote:A person working at a gun shop is in control of the premises if they actually have control. The counter employees can ask people to leave, refuse service, etc.

So can a bartender.

His question was not about a bartender, it was specifically about gun shop employees.

Bartenders were covered by 46.15(b)8. But that does lead one to wonder why 46.15(b)8 is needed.

TXI,
The question was structured so that I might understand why one type of establishment can carry and another type of establishment cannot.

I see no basic difference between a liquor store, a gun shop or a video game store, if YOU are the one who is in charge and can say who can come in or who has to leave then according to your interpertation that person has the right to open carry on premesis. Right?

txinvestigator wrote:

kw5kw wrote:
TXI and others, I have a question here...

What makes it correct for a gun shop owner to have his employees walking around with a gun on their belt?

Russ

Texas Penal Code

§46.15. Nonapplicability.


(b) Section 46.02 does not apply to a person who:


(2) is on the person's own premises or premises under the
person's control


46.02 makes it illegal to carry on or about your person a handgun, illegal or club. It makes no mention of concealed, plain view, etc. Since 46.15 makes that section non-applicable, then a person in control of a premise can carry on or about his person, period.

A person working at a gun shop is in control of the premises if they actually have control. The counter employees can ask people to leave, refuse service, etc.

how about if we remove the word 'gun shop' in your last paragraph and insert 'bar', 'video game store', 'liquor store' or 'auto parts store'? Would they not qualify if they are the owner or manager of the business? Now, I can see where a stock boy or bus boy can't carry but the owner(s)/manager(s) should be able to, just like in the gun store--Right?

txinvestigator wrote:I NEVER said a bartender could not carry Kevin.

I quoted you directly. In this post, you wrote:

And an employee may not carry unless he is supervising the operation of the bar.

I'm not arguing with you. Your words seem to be arguing with themselves.

Kevin