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To: rktman

Yes, in TX, private facilities can post a specific sign with specific language(s) and of a specific size of lettering and sign to restrict concealed carry (30.06) and/or open carry (30.07). Facilities serving alcohol have an additional option that depends on the amount of revenue received for alcohol sales. If they are a true bar with alcohol sales over 51% of total sales, they post a red sign with the number 51 on it. If it’s more like a Chili’s with mostly food and some alcohol sales, they post a green sign with a slashed 51 on it.

I’ve read nothing in multiple sources that indicate the good guy was in violation of any law or sign. There was a mention of a red 51 sign that was improperly posted that received a remark from an APD investigator to that effect.


13 posted on 05/05/2017 8:39:38 AM PDT by T-Bird45 (It feels like the seventies, and it shouldn't.)
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To: T-Bird45
Yes, in TX, private facilities can post a specific sign with specific language(s) and of a specific size of lettering and sign to restrict concealed carry (30.06) and/or open carry (30.07). Facilities serving alcohol have an additional option that depends on the amount of revenue received for alcohol sales. If they are a true bar with alcohol sales over 51% of total sales, they post a red sign with the number 51 on it. If it’s more like a Chili’s with mostly food and some alcohol sales, they post a green sign with a slashed 51 on it.

Kinda. Alcohol facilities don't have other options, they have other requirements. If they derive 51% or more of their income from alcohol for on-site consumption, they HAVE to post the red 51% sign, as per Section 411.204, Government Code. And it MUST be prominently displayed at EVERY entrance.

I've never seen/heard of this green 51 sign? If they don't meet the 51% requirement, they are required to post the BLUE sign, which is just a notice that firearms aren't allowed unless you have a CHL under H,411. (Not sure how that legally works for out-of-state people who have licenses under a different authority, but that doesn't affect me so I've never looked into it.)

Then, if you go to this site, http://www.tabc.state.tx.us/publicinquiry/Status.aspx, you can enter the name/city and it'll tell you Zona's has the blue sign, which warns that unlicensed possession of a concealed weapon is a felony. So any 51% sign is one they posted that they aren't supposed to.

Here is TABC's list of different sign requirements.


On a side note, you might be able to get away with carry in a 51% bar, if they don't have the proper posting. All the legal stuff above only applies to what the business is responsible for. None of that makes it illegal for you to carry. But, per Penal 46.035 b-1, you can't carry in a 51% location. But, k gives a defense to prosecution if you were not given effective notice per 411.204. So, the only gray area I can find is bars that post 51% behind the bar. Would that count as "effective notice" when 411.204 requires the conspicuous posting at all entrances? Improper posting, to me, says the bar doesn't really know what they actually are, so who knows if the 51% sign is even the correct sign? If they can't post it in the right spot, is it the right sign?
17 posted on 05/05/2017 9:54:44 AM PDT by Svartalfiar
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