Posted: 7/21/2012 9:05:42 AM EDT
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I sell food in the parking lot of a local bar from about 9pm-2am. I normally have a very large amount of cash on me at the end of the night. I am curious about the legality of me being armed in the parking lot. While there, I never drink or go inside, nor do I have the desire to do so. Am I legal to carry in the parking lot to protect myself if someone tries to rob me? |
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I sell food in the parking lot of a local bar from about 9pm-2am. I normally have a very large amount of cash on me at the end of the night. I am curious about the legality of me being armed in the parking lot. While there, I never drink or go inside, nor do I have the desire to do so. Am I legal to carry in the parking lot to protect myself if someone tries to rob me? I'd say yes. Parking lots/structures aren't normally considered to be part of a building that is off limits. Posted Via AR15.Com Mobile |
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That was my thinking on the issue. Also, IIRC, a person who is in charge of a large sum of money on a premises is legal to carry to protect the assets of the business with or without a CHL. There may be an issue with the transport of money to another facility involved with that stipulation. Either way, I would think I fit all of the above criteria. |
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I sell food in the parking lot of a local bar from about 9pm-2am. I normally have a very large amount of cash on me at the end of the night. I am curious about the legality of me being armed in the parking lot. While there, I never drink or go inside, nor do I have the desire to do so. Am I legal to carry in the parking lot to protect myself if someone tries to rob me? Do you have a CHL? |
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That was my thinking on the issue. Also, IIRC, a person who is in charge of a large sum of money on a premises is legal to carry to protect the assets of the business with or without a CHL. There may be an issue with the transport of money to another facility involved with that stipulation. Either way, I would think I fit all of the above criteria. Under the law, large sums of money and protecting assetts are irrelevent. If you are in control of the premises, the law prohibiting the carry of handguns does do not apply. (penal code 46.02) I doubt a person selling food in the parking lot has the parking lot "under his control". 46.02 allows vehicle carry without a license if specific conditions are met. |
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I sell food in the parking lot of a local bar from about 9pm-2am. I normally have a very large amount of cash on me at the end of the night. I am curious about the legality of me being armed in the parking lot. While there, I never drink or go inside, nor do I have the desire to do so. Am I legal to carry in the parking lot to protect myself if someone tries to rob me? Short answer, no you may not carry. The parking lot is considered part of the premise for concealed carry as it related to the bar. Ask any TABC Agent where the bar's premise ends. |
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Well, my BIL shot a man in a parking lot of a bar. He was the manager at the time. He was also in possession of his CHL. He was no billed by the grand jury, and then the family of the dirt bag was denied any compensation for wrongful death in a civil court by a jury. I was unsure if I could carry under the same pretense. |
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I sell food in the parking lot of a local bar from about 9pm-2am. I normally have a very large amount of cash on me at the end of the night. I am curious about the legality of me being armed in the parking lot. While there, I never drink or go inside, nor do I have the desire to do so. Am I legal to carry in the parking lot to protect myself if someone tries to rob me? Short answer, no you may not carry. The parking lot is considered part of the premise for concealed carry as it related to the bar. Ask any TABC Agent where the bar's premise ends. Penal code section 46.035 makes it unlawful for a concealed handgun licensee to carry on the premise of a bar (actually 51% location). 46.035 defines premise as a building or portion of a building. Parking lots are specifically excluded from the definition. The parking lot is NOT considered part of the bar for concealed carry purposes. READ the law. |
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Well, my BIL shot a man in a parking lot of a bar. He was the manager at the time. He was also in possession of his CHL. He was no billed by the grand jury, and then the family of the dirt bag was denied any compensation for wrongful death in a civil court by a jury. I was unsure if I could carry under the same pretense. For the second time, do you have a CHL? |
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I sell food in the parking lot of a local bar from about 9pm-2am. I normally have a very large amount of cash on me at the end of the night. I am curious about the legality of me being armed in the parking lot. While there, I never drink or go inside, nor do I have the desire to do so. Am I legal to carry in the parking lot to protect myself if someone tries to rob me? Short answer, no you may not carry. The parking lot is considered part of the premise for concealed carry as it related to the bar. Ask any TABC Agent where the bar's premise ends. Penal code section 46.035 makes it unlawful for a concealed handgun licensee to carry on the premise of a bar (actually 51% location). 46.035 defines premise as a building or portion of a building. Parking lots are specifically excluded from the definition. The parking lot is NOT considered part of the bar for concealed carry purposes. READ the law. Well put |
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Penal code section 46.035 makes it unlawful for a concealed handgun licensee to carry on the premise of a bar (actually 51% location). 46.035 defines premise as a building or portion of a building. Parking lots are specifically excluded from the definition. The parking lot is NOT considered part of the bar for concealed carry purposes. READ the law. This is correct. |
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I sell food in the parking lot of a local bar from about 9pm-2am. I normally have a very large amount of cash on me at the end of the night. I am curious about the legality of me being armed in the parking lot. While there, I never drink or go inside, nor do I have the desire to do so. Am I legal to carry in the parking lot to protect myself if someone tries to rob me? Short answer, no you may not carry. The parking lot is considered part of the premise for concealed carry as it related to the bar. Ask any TABC Agent where the bar's premise ends. The bar's premises ends at the door. Ask a TABC agent if you can take a drink out into the parking lot –– the answer will be NO. So the answer is YES, he can carry a handgun in the parking lot IF he has a CHL, or he is inside a vehicle covered by the motorist protection act (do not exit vehicle with it). Handguns must be kept "out of plain sight". Long guns do not require a CHL nor do they need to be kept concealed, but they may not be carried in a manner "calculated to cause alarm". So don't go pointing them at people or making suggestive gestures, etc. |
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I sell food in the parking lot of a local bar from about 9pm-2am. I normally have a very large amount of cash on me at the end of the night. I am curious about the legality of me being armed in the parking lot. While there, I never drink or go inside, nor do I have the desire to do so. Am I legal to carry in the parking lot to protect myself if someone tries to rob me? Short answer, no you may not carry. The parking lot is considered part of the premise for concealed carry as it related to the bar. Ask any TABC Agent where the bar's premise ends. Penal code section 46.035 makes it unlawful for a concealed handgun licensee to carry on the premise of a bar (actually 51% location). 46.035 defines premise as a building or portion of a building. Parking lots are specifically excluded from the definition. The parking lot is NOT considered part of the bar for concealed carry purposes. READ the law. beat me to the punch. Also, my college intro to criminal law professor a million years ago stated to us that a premises any building or covered overhand of a building like a covered or screened in patio or rain covering but never got into specifics as to why thats a premises and other stuff isnt. Basically, he said that if it covers your head, and even if it doesnt have walls, its a premises. |
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Yes, or I wouldn't have asked the question. Are you in the parking lot or underneath the overhang of the bar? If parking lot and nowhere near the bar entrance, the consensus is that you are good to go. Go to the bathroom before you go to work so you don't find yourself needing to enter the building with a gun. |