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Re: How to report improper §30.06 signs
Posted: Thu Mar 28, 2019 5:23 pm
by WildRose
oohrah wrote: ↑Thu Mar 28, 2019 4:18 pm
WildRose wrote: ↑Thu Mar 28, 2019 5:21 am
I politely pulled the Bartender over and told her she needed to explain to the owner that their signage was unlawful and got the heck out of there as quickly as I could.
Why was it improper? Was it actually licensed as a 51% place? If it is not a RED sign license, it is not illegal to carry there even if a sign is posted.
Because it wasn't lawfully posted outside the entrance nor inside the vestibule in a conspicuous/obvious place.
As to the next post, I reported it as a courtesy. You may beat the charge, but you can't beat the ride. Odds are very high that if anyone reported someone for carrying in there they'd end up cuffed, stuffed, and spend several hours at a minimum as a guest of the Lubbock PD.
Fortunately I have a couple of friends on the force in senior positions who could have interceded on my behalf and explained why the sign was illegal but the average guy wouldn't have.
Re: How to report improper §30.06 signs
Posted: Fri Mar 29, 2019 10:42 am
by Grumpy1993
If a TABC licensee posts the wrong blue/red sign, I simply notify TABC and they'll get the business to fix it.
The slap on the wrist Austin got after a long court battle (and the free pass Houston gets for HLSR every year) means it's no longer worth my time and effort to report rogue governments posting improper 30.06 signs.
Re: How to report improper §30.06 signs
Posted: Sat Mar 30, 2019 8:42 pm
by oohrah
WildRose wrote: ↑Thu Mar 28, 2019 5:23 pm
oohrah wrote: ↑Thu Mar 28, 2019 4:18 pm
WildRose wrote: ↑Thu Mar 28, 2019 5:21 am
I politely pulled the Bartender over and told her she needed to explain to the owner that their signage was unlawful and got the heck out of there as quickly as I could.
Why was it improper? Was it actually licensed as a 51% place? If it is not a RED sign license, it is not illegal to carry there even if a sign is posted.
Because it wasn't lawfully posted outside the entrance nor inside the vestibule in a conspicuous/obvious place.
As to the next post, I reported it as a courtesy. You may beat the charge, but you can't beat the ride. Odds are very high that if anyone reported someone for carrying in there they'd end up cuffed, stuffed, and spend several hours at a minimum as a guest of the Lubbock PD.
Fortunately I have a couple of friends on the force in senior positions who could have interceded on my behalf and explained why the sign was illegal but the average guy wouldn't have.
I think you missed my point - if it is a licensed 51% place, you can't carry there regardless of where their sign is posted, or if even if they didn't post the sign. It may be a defense to prosecution, but as you said, you may take the ride.
Re: How to report improper §30.06 signs
Posted: Mon Apr 01, 2019 12:10 am
by WildRose
oohrah wrote: ↑Sat Mar 30, 2019 8:42 pm
WildRose wrote: ↑Thu Mar 28, 2019 5:23 pm
oohrah wrote: ↑Thu Mar 28, 2019 4:18 pm
WildRose wrote: ↑Thu Mar 28, 2019 5:21 am
I politely pulled the Bartender over and told her she needed to explain to the owner that their signage was unlawful and got the heck out of there as quickly as I could.
Why was it improper? Was it actually licensed as a 51% place? If it is not a RED sign license, it is not illegal to carry there even if a sign is posted.
Because it wasn't lawfully posted outside the entrance nor inside the vestibule in a conspicuous/obvious place.
As to the next post, I reported it as a courtesy. You may beat the charge, but you can't beat the ride. Odds are very high that if anyone reported someone for carrying in there they'd end up cuffed, stuffed, and spend several hours at a minimum as a guest of the Lubbock PD.
Fortunately I have a couple of friends on the force in senior positions who could have interceded on my behalf and explained why the sign was illegal but the average guy wouldn't have.
I think you missed my point - if it is a licensed 51% place, you can't carry there regardless of where their sign is posted, or if even if they didn't post the sign. It may be a defense to prosecution, but as you said, you may take the ride.
Legally yes you can. If the signage is absent or improperly posted it is legally invalid and you can carry on the premises. The problem is that few cops really understand the statutes including the TABC cops so if you are found to carrying in such an establishment as both of us say, you won't likely beat the ride.
It's funny that in a nation where it has been ruled time and again that "ignorance of the law is not excuse" that axiom is rarely if ever applied to those entrusted to enforce those laws.