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Link Posted: 8/25/2016 5:41:48 PM EDT
[#1]
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But how would getting rid of the 30.06/30.07 signs change anything if the property owners could simply post a sign declaring any gun owners entering the business are trespassing? Under 30.05 any sign declaring gun owners as trespassers would constitute the act of trespassing as soon as the CC'er crossed the threshold.
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I think we need to do away with this silly 51% stuff. If you aren't drunk or stoned then carry freely.

Mayhap we can make that happen in the next legislative session. That is a stepping stone to constitutional carry. And to be rid of the stupid -06 and -07 signs... requiring trespass be delivered individually, personally and verbally at the occurrence  and not some blanket nonsense.

If we're going to defend the 2A then we should also embrace private property rights. Besides, the signs make it easier to direct my dollars elsewhere.

I imagine continuing to whittle down the list of prohibited places is on the 'to do' list for the next session.




30.06 and 30.07 signage having the effect of law merely by crossing them is not necessary to protect property rights.  Property owners would still be free to post whatever signs they wanted. They would just have to go through the normal trespass procedures like for anything else.  Say for example I don't want to permit someone from carrying a concealed dildo on my property.  I don't have a sign I can post for that and it isn't the freaking end of the world.  If someone starts causing a problem with a dildo on my property I can still ask them to leave and call the police if they refuse.

I say lets get rid of the signs altogether.  A number of other states who have enacted carry laws more recently than us (and a few before) do not have any equivalent to 30.06 or 30.07 and it isn't the end of the world for them.

If we can't get rid of all of them at once then lets get rid of 51% and 30.06 and if there is, as I suspect...  basically no problems, then we can complete it and get rid of 30.07 too.


But how would getting rid of the 30.06/30.07 signs change anything if the property owners could simply post a sign declaring any gun owners entering the business are trespassing? Under 30.05 any sign declaring gun owners as trespassers would constitute the act of trespassing as soon as the CC'er crossed the threshold.


No, I'm saying that it should be made that no signs carry the effect that you are talking about.  If someone posts a sign declaring that dildo owners entering the business are trespassing, that has no legal effect.  30.05 would need to be changed or eliminated.

Good luck on getting ride of the 51% signs, 30.06/07 will go before that does. There are too many people in this state that are hung up over alcohol. For example, why are there restrictions on when you can buy alcoholic beverages? What purpose does it serve?  Why can you sell beer and wine at Kroger but not whiskey? Most laws dealing with alcohol sales are nonsensical. 51% ain't going anywhere.


All of those "blue laws" like not being able to sell liquor at the grocery store or not being able to sell except 9a-9p Mon-Sat need to go as well.  Stupid carryovers from prohibition that should have been gotten rid of a long time ago.  We should look to our neighbors over in Louisiana for more sensible liquor laws.
Link Posted: 8/25/2016 10:35:53 PM EDT
[#2]
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http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.46.htm



I don't really know what intoxicated means under they eyes of the law.

Easy answer is just don't be drunk/wasted. But then again, I would imagine that it's up to an officer to determine if you're intoxicated.
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Isn't it an offense to consume alcohol while carrying?



nope


http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.46.htm

A license holder commits an offense if, while intoxicated, the license holder carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, regardless of whether the handgun is concealed or carried in a shoulder or belt holster.


I don't really know what intoxicated means under they eyes of the law.

Easy answer is just don't be drunk/wasted. But then again, I would imagine that it's up to an officer to determine if you're intoxicated.


There is no legal definition (such as a BAC) for LTC holders that I know of.
I suppose if you couldnt pass a field sobriety test that would be given on a sidewalk for public intox, but then again- thats not defined either.
Link Posted: 8/25/2016 10:52:12 PM EDT
[#3]
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So help me out here. Twin Peaks in Odessa has a red 51% sign. According to the TABC site I followed the link to they should have a blue sign.
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I suppose you could give them a call, and ask them why they're posting a red sign, when the TABC says they should be posting a blue sign.
Link Posted: 8/26/2016 8:45:44 AM EDT
[#4]
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There is no legal definition (such as a BAC) for LTC holders that I know of.
I suppose if you couldnt pass a field sobriety test that would be given on a sidewalk for public intox, but then again- thats not defined either.
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Isn't it an offense to consume alcohol while carrying?



nope


http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.46.htm

A license holder commits an offense if, while intoxicated, the license holder carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, regardless of whether the handgun is concealed or carried in a shoulder or belt holster.


I don't really know what intoxicated means under they eyes of the law.

Easy answer is just don't be drunk/wasted. But then again, I would imagine that it's up to an officer to determine if you're intoxicated.


There is no legal definition (such as a BAC) for LTC holders that I know of.
I suppose if you couldnt pass a field sobriety test that would be given on a sidewalk for public intox, but then again- thats not defined either.


This is the definition of intoxication from the Penal Code:

(A) 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. (B) having an alcohol concentration of 0.08 or more.

The officer is unlikely to give you a breath test so he would either use a field sobriety evaluation or rely on his  observations of your behavior.
Link Posted: 8/26/2016 8:57:16 AM EDT
[#5]
No, I'm saying that it should be made that no signs carry the effect that you are talking about.  If someone posts a sign declaring that dildo owners entering the business are trespassing, that has no legal effect.  30.05 would need to be changed or eliminated.

I'm not sure why you object to trespassing signs. I should be able to control who comes and goes on my property whether it's my land, my home or a business. Trespassing signs assist me in doing that. Good luck changing 30.05

All of those "blue laws" like not being able to sell liquor at the grocery store or not being able to sell except 9a-9p Mon-Sat need to go as well.  Stupid carryovers from prohibition that should have been gotten rid of a long time ago.  We should look to our neighbors over in Louisiana for more sensible liquor laws.

I'm with you on the blue laws needing to be abolished. I'm simply saying that it's not going to happen. We would probably get medicinal marijuana in this state before we relaxed restrictions on alcohol.
Link Posted: 8/26/2016 11:53:29 AM EDT
[#6]
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...

I just found the same definition, however I've always (and maybe wrongly) considered a concrete or even dirt patio with tables or benches as part of "the building".  

I take it you disagree?

edited to add:
I'm not referring to anything that may be considered a parking lot or public space/sidewalk.
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So I take it you wouldn't mind having a dirt patio next to your home assessed as finished living space and pay property tax on it as such?

No...  dirt patio or even concrete...  not part of the building unless it is covered and enclosed.
Link Posted: 8/26/2016 12:31:26 PM EDT
[#7]
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No, I'm saying that it should be made that no signs carry the effect that you are talking about.  If someone posts a sign declaring that dildo owners entering the business are trespassing, that has no legal effect.  30.05 would need to be changed or eliminated.

I'm not sure why you object to trespassing signs. I should be able to control who comes and goes on my property whether it's my land, my home or a business. Trespassing signs assist me in doing that. Good luck changing 30.05

All of those "blue laws" like not being able to sell liquor at the grocery store or not being able to sell except 9a-9p Mon-Sat need to go as well.  Stupid carryovers from prohibition that should have been gotten rid of a long time ago.  We should look to our neighbors over in Louisiana for more sensible liquor laws.

I'm with you on the blue laws needing to be abolished. I'm simply saying that it's not going to happen. We would probably get medicinal marijuana in this state before we relaxed restrictions on alcohol.
View Quote


I don't object to trespassing signs in general, only the 30.06 and 30.07 signs.  If you want to exclude everyone then that's fine.  I object to people being excluded for doing something legal like concealed carry.  If you don't like open carry you would still be able to trespass them, there just wouldn't be a sign that would make it automatic.  You could still post signs saying open carry is unwelcome, they just wouldn't hold the force of law by themselves the way the current 30.07 sign does.

As for the blue laws...  hayseed $#!+#013 states like Iowa where my parents live have made big strides on it, I don't know why we can't.  They didn't even get shall issue until a couple years ago but when they did they got open carry and they have no signs, nothing like 51%, 30.06 or 30.07.  Not an issue.  In the 1970s Iowans couldn't buy anything stronger than 3.2% "near beer" in grocery stores.  To get regular beer, wine or liquor they had to go to a state run liquor store, of which there was usually one per county, they were located in a small, non-descript building and were open only 8-5 Mon-Fri.  These days up there you can buy a fifth of Jack at 7/11.  They still have some stupidity about when you can sell alcohol like you can't sell between 2am and 8am (10am on Sundays), but it could be worse.  Utah also used to have really horrible blue laws, but last time I went through there you could actually buy beer in grocery stores.  If the Mormons have let things loosen up I don't know why the F'ing Baptists around here can't.  I still say that Louisiana's liquor laws are pretty nearly the best.  We should sunset TABC entirely and just adopt a Louisiana style liquor code.  Dept of Agriculture or some other agency could take over the licensing aspects of what TABC does and any enforcement chores could go to DPS...  would save the state a ton of money and probably increase tax revenue.
Link Posted: 8/26/2016 1:38:53 PM EDT
[#8]
All of those "blue laws" like not being able to sell liquor at the grocery store or not being able to sell except 9a-9p Mon-Sat need to go as well.  Stupid carryovers from prohibition that should have been gotten rid of a long time ago.  We should look to our neighbors over in Louisiana for more sensible liquor laws.

I'm with you on the blue laws needing to be abolished. I'm simply saying that it's not going to happen. We would probably get medicinal marijuana in this state before we relaxed restrictions on alcohol.

I don't object to trespassing signs in general, only the 30.06 and 30.07 signs.  If you want to exclude everyone then that's fine.  I object to people being excluded for doing something legal like concealed carry.  If you don't like open carry you would still be able to trespass them, there just wouldn't be a sign that would make it automatic.  You could still post signs saying open carry is unwelcome, they just wouldn't hold the force of law by themselves the way the current 30.07 sign does.

As for the blue laws...  hayseed $#!+#013 states like Iowa where my parents live have made big strides on it, I don't know why we can't.  They didn't even get shall issue until a couple years ago but when they did they got open carry and they have no signs, nothing like 51%, 30.06 or 30.07.  Not an issue.  In the 1970s Iowans couldn't buy anything stronger than 3.2% "near beer" in grocery stores.  To get regular beer, wine or liquor they had to go to a state run liquor store, of which there was usually one per county, they were located in a small, non-descript building and were open only 8-5 Mon-Fri.  These days up there you can buy a fifth of Jack at 7/11.  They still have some stupidity about when you can sell alcohol like you can't sell between 2am and 8am (10am on Sundays), but it could be worse.  Utah also used to have really horrible blue laws, but last time I went through there you could actually buy beer in grocery stores.  If the Mormons have let things loosen up I don't know why the F'ing Baptists around here can't.  I still say that Louisiana's liquor laws are pretty nearly the best.  We should sunset TABC entirely and just adopt a Louisiana style liquor code.  Dept of Agriculture or some other agency could take over the licensing aspects of what TABC does and any enforcement chores could go to DPS...  would save the state a ton of money and probably increase tax revenue.

I don't disagree with you on the blue laws...they are stupid and need to be repealed but I have no faith that they will anytime soon. I live in Burleson and it was dry for many years. We had an election that had two referendums; one to allow off-premise sales at stores and the other to allow on-premises sales at restaurants. The on premises passed but the other didn't. Folks were interviewed about it and said they didn't want people going to the convenience store and buying beer and driving off because they might drink and drive but they approved selling drinks at restaurants that, presumably, people drove to! Eventually we got off-premises sales but  that's the kind of thinking that will keep 51% and a lot of other laws on the books for a while to come.
Link Posted: 8/26/2016 10:20:48 PM EDT
[#9]
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Quoted:


30.06 and 30.07 signage having the effect of law merely by crossing them is not necessary to protect property rights.  Property owners would still be free to post whatever signs they wanted. They would just have to go through the normal trespass procedures like for anything else.  Say for example I don't want to permit someone from carrying a concealed dildo on my property.  I don't have a sign I can post for that and it isn't the freaking end of the world.  If someone starts causing a problem with a dildo on my property I can still ask them to leave and call the police if they refuse.

I say lets get rid of the signs altogether.  A number of other states who have enacted carry laws more recently than us (and a few before) do not have any equivalent to 30.06 or 30.07 and it isn't the end of the world for them.

If we can't get rid of all of them at once then lets get rid of 51% and 30.06 and if there is, as I suspect...  basically no problems, then we can complete it and get rid of 30.07 too.
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I think we need to do away with this silly 51% stuff. If you aren't drunk or stoned then carry freely.

Mayhap we can make that happen in the next legislative session. That is a stepping stone to constitutional carry. And to be rid of the stupid -06 and -07 signs... requiring trespass be delivered individually, personally and verbally at the occurrence  and not some blanket nonsense.

If we're going to defend the 2A then we should also embrace private property rights. Besides, the signs make it easier to direct my dollars elsewhere.

I imagine continuing to whittle down the list of prohibited places is on the 'to do' list for the next session.




30.06 and 30.07 signage having the effect of law merely by crossing them is not necessary to protect property rights.  Property owners would still be free to post whatever signs they wanted. They would just have to go through the normal trespass procedures like for anything else.  Say for example I don't want to permit someone from carrying a concealed dildo on my property.  I don't have a sign I can post for that and it isn't the freaking end of the world.  If someone starts causing a problem with a dildo on my property I can still ask them to leave and call the police if they refuse.

I say lets get rid of the signs altogether.  A number of other states who have enacted carry laws more recently than us (and a few before) do not have any equivalent to 30.06 or 30.07 and it isn't the end of the world for them.

If we can't get rid of all of them at once then lets get rid of 51% and 30.06 and if there is, as I suspect...  basically no problems, then we can complete it and get rid of 30.07 too.


This is what I mean.  Private property rights can still be easily upheld by delivering individual trespass as Software Janitor mentioned, but avoids you becoming an instant criminal  a-la 30.06 and 30.07 signs (and 30.05).

I agree - blue laws are ridiculous.  And I think y'all are right about MMJ passing before blue laws go away...
Link Posted: 8/27/2016 12:56:38 AM EDT
[#10]



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This is what I mean.  Private property rights can still be easily upheld by delivering individual trespass as Software Janitor mentioned, but avoids you becoming an instant criminal  a-la 30.06 and 30.07 signs (and 30.05).
I agree - blue laws are ridiculous.  And I think y'all are right about MMJ passing before blue laws go away...
View Quote




Walking past a 30.06 or 30.07 and getting ticketed for it (and that's hard to do unless you're a complete dumbass) is now a Class C misdemeanor and the fine can't exceed $200.  Basically, a traffic ticket.
It can be upgraded to the old level, a Class A misdemeanor, if you get to trial and it's shown that you were given notice, orally, and refused to leave.
Texas Blue Laws, agreed, but it's light years better than it used to be.
 
Link Posted: 8/28/2016 5:28:52 PM EDT
[#11]
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I suppose you could give them a call, and ask them why they're posting a red sign, when the TABC says they should be posting a blue sign.
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So help me out here. Twin Peaks in Odessa has a red 51% sign. According to the TABC site I followed the link to they should have a blue sign.

I suppose you could give them a call, and ask them why they're posting a red sign, when the TABC says they should be posting a blue sign.


The type of sign they are required to post is written on the front of the permit (sign=red or sign=blue). This information is also available on the "Public Inquiry" portion of the TABC website.   If a location has the wrong sign posted, call your local TABC office, or file a complaint with the TABC via the website (or app).  It's a somewhat common error on behalf of the location, but can be fixed easily.  The restaurant management may not be aware of what sign they are required to post-but they are still required by the code to post the correct sign.  They can't just pick whichever one they want.
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