“Open Carry” advocates recently made the news by openly carrying rifles and shotguns into Texas businesses. The Texas Alcoholic Beverage Commission (TABC) issued a REMINDER to all those who hold a Liquor License that businesses licensed to sell or serve alcoholic beverages are prohibited by state law from allowing rifles or shotguns in the building.
Specifically, Section 11.61(e) of the Alcoholic Beverage Code says that TABC shall, after the opportunity for a hearing, cancel a permit if the permittee knowingly allowed a person to possess a firearm in a building on the licensed premises. Some exceptions include licensed concealed handguns and peace officers.
Tilting the Scales in Your Favor
If an individual carries a rifle or shotgun into a TABC-licensed business and the business owner knowingly fails to remove them, the business owner’s TABC license is at risk. The business owner should ask the patron to leave the premises. If the patron refuses, the permittee may contact the police and file criminal trespassing charges under Texas Penal Code Section 30.05.
If this is of interest to you, stay tuned for more next month.