Spring Break is here, and everyone is thawing out after a long winter. Watch Independent Program Attorney Edwin Walker instruct you on the law before walking into a restaurant or bar with your firearm.
It’s a situation you may have found yourself in before. You go to dinner out at a restaurant and have a couple of beers. You’re carrying your pistol like always. Are you committing a crime? Or you walk into what you think is a restaurant only to see a 51% looking back at you. In either instance, are you allowed to have your gun?
Carrying During Happy Hour
If you have a drink or two, are you allowed to carry your firearm? If you’re a license holder, Texas Penal Code Section 46.035 states that you violate the law if you carry a handgun while intoxicated.
Texas Penal Code section 49.01 defines intoxicated as not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body. Or having an alcohol concentration of point zero eight or more in your blood.
The point at which you lose the normal use of your mental or physical faculties varies from person to person.
This doesn’t mean it’s absolutely illegal to have a beer while you’re carrying your handgun but if you become intoxicated you’re breaking the law
Texas 51% Sign
Under Texas law you cannot carry a firearm into a bar.
You’ll know it’s a bar because bars are required by the Texas Alcoholic Beverage Commission to post 51% signs indicating that the establishment derives more than 51% of its revenue through the sale of alcohol for on-site consumption.
A 51 sign will feature a 51% sign in large red numbers notifying you that carrying a handgun on the premises is a felony of the third degree.
This means that carrying into a 51% establishment could land you between 2 and 10 years in prison and up to a $10,000 fine.
What about the bar area of restaurants?
If it is a true restaurant, and they don’t derive 51% or more of their sales from the sale of alcohol for on-site consumption, you can carry anywhere inside of that restaurant–even the bar area. Basically, the whole building is either 51% or it isn’t.
Ok Ladies and Gentlemen, i always carry concealed i dont spend my money or go to places im not welcome.Now to answer a question if your ask to leave someones property and you refuse for any rrason you are criminally trespassing. Second question, A police officer may unload your weapon, however he or she must return your weapon and ammunition when he disengages, its your personal property. If he doesn’t get his badge number and file a theft complain against him layer.
They have to ask you to leave if you don’t than your trespassed. And if you return you are Tham criminal traspass
to what degree are you allowed to protect yourself and or your family while dining in a restaurant and you are confronted by screaming protesting rioters getting within inches of your face which means spit is flying. Or they touch the silverware, plates or glasses on your table. or the signs they carry are thrust in your face or on your table.
So you feel threatened; are being threatened; your family is scared to death; You have your weapon; Do you pull your weapon in this case???
NO! Never pull your weapon unless you are shooting. That is an immediate arrest for brandishing. Your weapon should stay holstered unless life is in danger. Take all steps to deflate the situation, move away from the situation, Only draw and shoot if there is an immediate threat to life. Yelling spitting people are not a danger to life. If they pull a knife or gun etc then the need to shoot becomes viable.
Your wrong sir, as a mob can be lethal, and many times pulling your weapon because of fear of bodily harm and possibly death from violent protesters and not having to pull the trigger is ok! But it had better be in that type of situation.
If there is ” spit ” flying and they are touching your food then that is assault, they could be putting stuff on your food or your utensils. Call 911 and report the actions as assault and start recording, if they touch you or your family or threaten you get the evidence. If they stop you from leaving thats false imprisonment or kidnapping. The type of actions you describe are intended to get YOU to do something illegal or something that can be presented that way. Now if your calm demeanor causes them to actually hurt you or your family then you are justified in pulling your weapon and stopping them. Be aware that doing that will end their life and subject you to tons of scrutiny from the media and prosecution. Don’t expect fair treatment from either one of those entities. Do make sure you have all the evidence needed to protect yourself.
If you have to ask what to do then you have no business with a firearm. I support firearms ownership and believe in carry. I refuse to support ignorance in a firearms owner. Learn the law and how to respond to situations lawfully or sell your gun to a responsible person.
Walter, your being extremely harsh to a person who is asking a legitimate question. Not EVERYONE are weapons EXPERTS and they learn by ASKING QUESTIONS FROM EXPERTS if you believe you woke up one day and your an expert in everything in life your sadly mistaken. Instead of bashing people for asking questions you should be encouraging people to ask questions because that’s how they will learn. People see comments from people like you then they become intimidated of being humiliated and end up never asking questions and end up doing something wrong just because of guys like you making comments like you did. Quit knocking people down, and yes I know what I’m talking about I have 14 years Weapons experience from the Army and 7 years Weapons experience from Law Enforcement and I see people like you putting others down everyday just stop dude it doesn’t make you any bigger or popular.
Well said sir! Well said.
Hell yeah!!! Great comment. That’s how you smash a fool!
IMHO anyone that is going to carry a firearm should first read and then reread one of the firearm “bibles”. I’m sure there is at least one expert firearms defense attorney that has written a thick book outlining practically every possible scenario and what to do and NOT to do pursuant to the laws of Texas.
buncha cowards here. leave your guns at home or eat at home if you’re that afraid.
Why you so mad bro?
Hugh you got it all wrong, ( must be a democrat,) , Lol.
I carry always, 98% of the time openly, BECAUSE I AM NOT A COWARD, OR AFRAID. I’m not afraid of death, or danger of protecting myself or others.
Stating that you carry weapon 98% of the time is ineffective to disprove are not afraid of death or danger. It proves the opposite. Furthermore, typing sentences in capital letters after typing lol, is quite ineffective at supporting your statement.
Thank you Jon McDonald for speaking up on behalf of those asking questions.
For those asking questions – keep asking. Those bullies will learn what “pride goes before a fall” means – and it will likely be spectacular. And take advantage of US Lawshield’s training materials and videos. There’s a wealth of info. You can never know too much despite those who think they already know it all.
Thanks for the support, Sherrie!
Can you carry brass knuckles in a 51%\ restaurant bar?
This is a great question. If you’re a member, please call our non-emergency line to get an answer from an independent program attorney at 877-448-6839.
AND NEXT WEEK ON JERRY!!!!
What if you are a bar employee tasked with making sure the bartenders make it safe TK their car at closing m? I read that it may be legal assuming you don’t consume alcohol.