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carry in liquor store??

Posted: Thu Jun 28, 2007 5:57 pm
by jhutto
The liqor store nearby has a sign, warning it is againt the law to carry there. It does not except conceled handguns with license. Is this sign legal?? It is not setup like a bar for consumption. it is buy and go. Even if someone did have a drink there it would not be anywhere near 51 percent. So whats the deal. Is this sign right? Is it against the law?
Thanks

Posted: Thu Jun 28, 2007 6:05 pm
by SC1903A3
I carry in the liquor store when ever I go to get whatever. The only one I see is the "Unlicensed carry of a firearm is a felony" sign. If it's not the 30.06 sign don't worry about it.

P.S. My favorite news girl is from Dripping Springs. E.D. Hill of Fox News

Re: carry in liquor store??

Posted: Thu Jun 28, 2007 7:56 pm
by Liberty
jhutto wrote:The liqor store nearby has a sign, warning it is againt the law to carry there. It does not except conceled handguns with license. Is this sign legal?? It is not setup like a bar for consumption. it is buy and go. Even if someone did have a drink there it would not be anywhere near 51 percent. So whats the deal. Is this sign right? Is it against the law?
Thanks
The sign is legal,
if its a 30.06 sign it is legal and binding.
The deal is that the proprietor posted a sign.
The sign is right, and not against the law. It probably doesn't make it illegal for you to carry inside. The proprietor can put put a sign that says "No impolite people allowed" if he pleases and it will be just as legally binding

Posted: Fri Jun 29, 2007 9:06 am
by GaryTx
You have been notified by the owner of the property that carrying on his property is prohibited. Do you now want to go to court to argue that his sign isn't legal, and see what a jury of clueless types says?

Signs, Signs, Everywhere Signs

Posted: Fri Jun 29, 2007 9:49 am
by anygunanywhere
We discuss signs a lot on this forum.

51% laws and signs are clear. Do not carry if they derive more than 51% etc and really, if it looks like a bar, and sounds like a bar, and people are sitting at the bar drinking, and a guy is polishing the bar and asks "What'll ya' have, Podner?" then it is a bar and you can not go in there packing.

30.06 laws and signs are not as clear but clear enough to give CHLers a real good idea about what they are comfortable in doing. About the only issue I really have with the wording of the 30.06 requirement is the "contrasting colors" wording. I would prefer it read somethiong l;ike "White background, black letters, even when displayed on glass" since the only signs that I have ever seen that are 30.06 compliant are on big glass windows and doors.

I have never seen a liquor store posted 30.06. Spec's in League City has the "Unlicensed Posession..." sign, but so does the Kroger next door and the Walgreens down the street and the Stop and Rob just across from Walgreens.

If a liquor store wants to go the 30.06 route, power to them. Prime example of if they don't want my money I definitely can find some place else that sells Gentleman Jack.

Anygun - who is thinking that it is Friday and it sure will taste good over ice tonight sitting around the pool.

Posted: Fri Jun 29, 2007 10:02 am
by dpatterson
Nice post AnyGun...

I believe the "Unlicensed Possession" sign is required any where alcohol is served or sold. So thats why we see it everywhere. But to a CHL is does not mean we cannot carry. Is it legal, sure it is. Still goes back to the thing about an unlicensed Gun carrier. They are breaking the law carrying so whats this sign really going to do?

51% is a total new ball game and is a No Carry Zone. However, a liquor store cannot legally post a 51% sign. The only place that I have seen that could do that and get away with it was a Beer Store/Bar in Oklahoma. Its the only place I have ever seen that would serve you a beer from the bar which you had to drink there or they would sell you a case but you had to leave with it unopened. But again thats Oklahoma.


You have been notified by the owner of the property that carrying on his property is prohibited. Do you now want to go to court to argue that his sign isn't legal, and see what a jury of clueless types says?
Not sure what sign you are saying serves as notification, I assume you mean the "Unlicensed Possession". If thats the case that again does not pertain to a CHL and even if it said "Licensed Possession" it still would not be adequate notice because it does not follow the guidelines of the 30.06 Notice.

Posted: Fri Jun 29, 2007 11:12 am
by txinvestigator
GaryTx wrote:You have been notified by the owner of the property that carrying on his property is prohibited.
Do you now want to go to court to argue that his sign isn't legal, and see what a jury of clueless types says?[/quote]

You don't know that. In fact, the original poster was not clear at all about what the sign actually said.

All places that sell alcohol are required to post the sign starting with the words, "the unlicensed possession of a firearm is prohibited".

Some liquor stores are still carrying the sign that reads, "The possession of a firearm on these premises is a felony", which was the proper sign before the CHL laws. However, it is now meaningless.

The 51% sign actually means nothing to a CHL holder, as the law prohibiting carry in a 51% establishment states nothing about said sign. Without a sign, if you carry in a 51% place you are in violation. If the place is not really 51%, but they post the sign, carry there is not illegal.

A 30.06 sign is enforceable ONLY if properly posted.

And if you carry properly, the issue will never come up anyway.

Posted: Fri Jun 29, 2007 11:20 am
by dihappy
SC1903A3 wrote:
P.S. My favorite news girl is from Dripping Springs. E.D. Hill of Fox News
I wonder why she was booted from Fox & Friends

Posted: Fri Jun 29, 2007 11:28 am
by dihappy
All i got to say is

"Rock On" :)

If i remember correctly, being "informed"

Would have to be presented to you verbally or in writing, but handed to you personally.

Informed cannot mean just any writing posted on the window or door.

Am i correct yall? :)

Posted: Fri Jun 29, 2007 12:42 pm
by GaryTx
txinvestigator wrote:
GaryTx wrote:You have been notified by the owner of the property that carrying on his property is prohibited.
Do you now want to go to court to argue that his sign isn't legal, and see what a jury of clueless types says?
You don't know that. In fact, the original poster was not clear at all about what the sign actually said.

All places that sell alcohol are required to post the sign starting with the words, "the unlicensed possession of a firearm is prohibited".

Some liquor stores are still carrying the sign that reads, "The possession of a firearm on these premises is a felony", which was the proper sign before the CHL laws. However, it is now meaningless.

The 51% sign actually means nothing to a CHL holder, as the law prohibiting carry in a 51% establishment states nothing about said sign. Without a sign, if you carry in a 51% place you are in violation. If the place is not really 51%, but they post the sign, carry there is not illegal.

A 30.06 sign is enforceable ONLY if properly posted.

And if you carry properly, the issue will never come up anyway.[/quote]

Original post said the store "has a sign, warning it is againt the law to carry there"

That's pretty clear to me.

Posted: Fri Jun 29, 2007 12:48 pm
by frankie_the_yankee
dihappy wrote:
SC1903A3 wrote:
P.S. My favorite news girl is from Dripping Springs. E.D. Hill of Fox News
I wonder why she was booted from Fox & Friends
She wasn't "booted". She was given her own show. It comes on at 10AM.

Posted: Fri Jun 29, 2007 12:57 pm
by txinvestigator
GaryTx wrote:
GaryTx wrote:You have been notified by the owner of the property that carrying on his property is prohibited.
Do you now want to go to court to argue that his sign isn't legal, and see what a jury of clueless types says?
txinvestigator wrote:You don't know that. In fact, the original poster was not clear at all about what the sign actually said.

All places that sell alcohol are required to post the sign starting with the words, "the unlicensed possession of a firearm is prohibited".

Some liquor stores are still carrying the sign that reads, "The possession of a firearm on these premises is a felony", which was the proper sign before the CHL laws. However, it is now meaningless.

The 51% sign actually means nothing to a CHL holder, as the law prohibiting carry in a 51% establishment states nothing about said sign. Without a sign, if you carry in a 51% place you are in violation. If the place is not really 51%, but they post the sign, carry there is not illegal.

A 30.06 sign is enforceable ONLY if properly posted.

And if you carry properly, the issue will never come up anyway.
GaryTX wrote:Original post said the store "has a sign, warning it is againt the law to carry there"

That's pretty clear to me.
There is no legally enforceable sign that reads, "it is illegal to carry here". A person can post one all they want, but it holds no meaning to a CHL person. Just because the sign SAYS it is illegal does not make it so.
If the sign read, "no black people allowed", would that mean that is the way it is?

Posted: Fri Jun 29, 2007 1:10 pm
by Renegade
GaryTx wrote:
Original post said the store "has a sign, warning it is against the law to carry there"

That's pretty clear to me.
Clear as to what? Maybe it is illegal to carry there, maybe it isn't. Until we know exactly what the sign says, it is just a guess.

I honestly do not understand how so many people can obtain a CHL and not understand these very simple issues about signs, but I am glad they are at least asking instead of assuming incorrect information.

Posted: Fri Jun 29, 2007 4:39 pm
by dihappy
frankie_the_yankee wrote:
dihappy wrote:
SC1903A3 wrote:
P.S. My favorite news girl is from Dripping Springs. E.D. Hill of Fox News
I wonder why she was booted from Fox & Friends
She wasn't "booted". She was given her own show. It comes on at 10AM.
Thats good, just that everything ive read about her says she was fired.

Posted: Fri Jun 29, 2007 8:38 pm
by GaryTx
txinvestigator wrote:
GaryTx wrote:
GaryTx wrote:You have been notified by the owner of the property that carrying on his property is prohibited.
Do you now want to go to court to argue that his sign isn't legal, and see what a jury of clueless types says?
txinvestigator wrote:You don't know that. In fact, the original poster was not clear at all about what the sign actually said.

All places that sell alcohol are required to post the sign starting with the words, "the unlicensed possession of a firearm is prohibited".

Some liquor stores are still carrying the sign that reads, "The possession of a firearm on these premises is a felony", which was the proper sign before the CHL laws. However, it is now meaningless.

The 51% sign actually means nothing to a CHL holder, as the law prohibiting carry in a 51% establishment states nothing about said sign. Without a sign, if you carry in a 51% place you are in violation. If the place is not really 51%, but they post the sign, carry there is not illegal.

A 30.06 sign is enforceable ONLY if properly posted.

And if you carry properly, the issue will never come up anyway.
GaryTX wrote:Original post said the store "has a sign, warning it is againt the law to carry there"

That's pretty clear to me.
There is no legally enforceable sign that reads, "it is illegal to carry here". A person can post one all they want, but it holds no meaning to a CHL person. Just because the sign SAYS it is illegal does not make it so.
If the sign read, "no black people allowed", would that mean that is the way it is?
Image

Jeff...relax!

You are working so hard at being critical that you are missing my point.

I never said the sign was legal or that a CHL holder had to comply with it, or there was a defense to prosecution issue here, or anything of the sort. I'm well aware of what constitutes a legal sign under Penal Code Section 30.06.

My 1st point was that by posting his sign the proprietor was making it known that a firearm wasn't allowed and/or wanted there, for whatever reason...hell, who knows what he's thinking.

My second point was to ask if one wants to go in the store, risk having the owner or someone else recognize you are carrying (trouble happens), call the police and file a complaint, etc. Then you may find yourself in court having to argue that his sign did not comply with 30.06.

I would rather just take my business to the liquor store on the next corner where his sign wasn't a potential problem for me. I prefer to pick and choose my battles.

Ok, my friend?