Legal Question in Criminal Law in Texas

I manage a bar and bingo hall. If the owner gives me permission to carry a weapon. Can I carry one if I have my chl. Even though there are 51% signs? I do all deposits and bank runs


Asked on 7/26/11, 10:45 am

1 Answer from Attorneys

Cynthia Henley Cynthia Henley, Lawyer

I am not going to give you a definitive answer. I think I know the answer but I hesitate to give you a black / white answer upon which you rely, possibly to your detriment. Here are what I perceive to be the relevant laws:

46.02 provides: (a) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun, illegal knife, or club if the

person is not: (1) on the person's own premises or premises under the person's

control; .......(b) Except as provided by Subsection (c), an offense under this section is a Class A misdemeanor. (c) An offense under this section is a felony of the third degree if the

offense is committed on any premises licensed or issued a permit by this state for the sale of alcoholic beverages.

Sec. 46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER.

(b) A license holder commits an offense if the license holder intentionally, knowingly, or recklessly carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, regardless of whether the handgun is concealed, on or about the license holder's person:

(1) on the premises of a business that has a permit or license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic Beverage Code, if the business derives 51 percent or more of its income from the sale or service of alcoholic beverages for on-premises consumption, as determined by the Texas Alcoholic Beverage Commission under Section 104.06, Alcoholic Beverage Code

(g) An offense under Subsection (a), (b), (c), (d), or (e) is a Class A misdemeanor, unless the offense is committed under Subsection (b)(1) or (b)(3), in which event the offense is a felony of the third degree.

So, I think you are saying that the owner is putting you in charge of the permises. To be safe, I would send a question directly to the licensing agency at this link: https://www.txdps.state.tx.us/rsd/contact/default.aspx Then, keep the response in the event of any problems. (Remember, too, that just because you have someone's opinion of the law does not protect you completely but it is persuasive if a problem arises. Also, follow ALL of the rules with regard to carrying under the CHL rules AND avoid trouble. Don't be jerking the gun out unless absolutely necessary.

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Answered on 10/16/11, 4:17 pm


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