If I own a bar in Texas, what are the requirements for being able to carry a handgun while inside?

Question

I recently purchased a bar in a not-so-safe part of town. I am NOT planning to run the bar, but will need to visit frequently to make repairs or pick up the rent. I am thinking to get a conceiled weapons permit so that I can carry a firearm when I travel to my bar to make repairs, but I'm not certain if I'm allowed to take it inside even if I have a permit.

Is it legal for me to carry a conceiled firearm inside a bar in Texas if I am the owner of the establishment?

I have reviewed the information at www.packing.org and have read the State statute. www.packing.org gave me the impression that I could not carry inside the bar, but the statute makes it sound like I can carry inside even without a permit. I'm confused.

Answer 1

As the owner of the business, you can possess a firearm there. Once you leave that business, you need a license to carry a concealed weapon. If at any time you are at your bar and you drink enough to become impaired (not very much with the legal limit at .08), you CANNOT have a handgun on you. Basically, you are OK as the deeded owner.
Look at this website for a little more info.

http://www.nraila.org/GunLaws/StateLaws.aspx?ST=tx

This is a hotly debated topic. One section of the penal code, as reddyanwillin states, prohibits a concealed weapon in a business where 51% of the alchohol sold is for consumption on the premises (bar). Another section of the code allows a business owner to carry a weapon on the premises of his business. I would call TABC for a definite ruling. We do not enforce a concealed weapon offense if the owner is the possessor, and is acting in a safe and responsible manner. They cannot have consumed alchohol themselves, or there will be a second look.
You CAN carry a weapon into a place where alcoholic beverages are sold or consumed if you hold a CHL. The Texas Attorney General issued an opinion that a CHL holder can carry a concealed weapon if licensed into that establishment unless there is a separate sign specifically forbidding weapons by ANYONE, including CHL holders, on the premises. Public access streets, parking lots or sidewalks are not considered part of the premises unless there is a notice at the entrance to a parking lot itself prohibiting possession of a concealed handgun. In other words, you can conceal it in your car and be legal. The usual sign posted on the door of these businesses quoting federal laws prohibiting the carrying of concealed weapons are assumed to NOT apply to those who are legally entitled by license to carry. These laws are intended to notify patrons who may be illegally carrying handguns that the violation becomes a felony for carrying into one of these businesses. If you do carry a concealed weapon into someplace where the owner has posted an additional sign forbidding handguns, and they ask you to leave or take the weapon out of the establishment, and you then refuse, you are guilty of a trespass, and not a concealed weapon violation. As you can see now, it is a murky area of the Texas code. TABC issued your permit, so call them for a specific ruling. If you get a cut and dried answer, please e-mail me with the determination. I am also going to try and remember to call them about this.

Answer 2

In the state of Texas, you cannot carry a weapon into a place that sells alcohol. Doesn't matter if you are the owner of the bar. Check out the Texas Penal Code.

I read over the source that slicktop80 gave and i think he misunderstands. The source just gives an overview of the Texas laws on the matter. But from what I read, it does NOT state in there that an owner of a bar is permitted to carry a weapon in his bar, whether or not he is a licensed holder or not. It only states a licensed holder can carry a weapon on his premises. Unfortunately, that does not include a bar.

Answer 3

I believe you can, provided you are the owner, and you are legally able to own a firearm. If you have a concealed carry permit, then your good to go, except in any establishment that serves alcohol, where the primary purpose is the consumption of alcohol. This would mean the bar you own. However, as long as your not in the area of the bar that consumption is designed to take place (like the rear offices of the club), then you are ok with just your concealed carry permit. The fact that you are the owner, only seeks to strengthen your rights. I would not have the gun on you when you are in the area of the bar designated for alcohol consumption. Just be sure you have a secure area that is not accessable from the club, and you should be fine.

Answer 4

Rangerbob is wrong. What makes a place off-limits to permit holders is whether or not the establishment gets 51% of more of revenue from alcohol sales and also has a properly posted 30.06 sign. Now usually that’s the case with a “bar”, but not necessarily. It is perfectly legal to carry into a restaurant that serves alcohol as long as they don’t get more than half of their sales from booze.

Good luck with the bar!

Answer 5

I think as an owner you do have the right to carry..in NM it is illegal for anyone to carry a firearm in a bar..even a Federal Agent can not carry if he is drinking..if he is just eating and say having a coke he can carry in a bar

Answer 6

If you are the owner or manager of a bar, you can carry a weapon inside.

Answer 7

Baby Ruth

Answer 8

www.packing.org

has all the info you will ever need on caring a sidearm.

And it has links to the state law so you can read it your self.

Answer 9

I don't think it is suppose to be a concealed weapon,, but I could be wrong,, I live in NC