TX Open Carry and Alcohol Retailers

[carguychris]

Wal-Mart is apparently going to start checking open carriers' licenses at the door due to a provision in the TX Alcoholic Beverage Code that potentially penalizes a retailer that “knowingly allows” a person to illegally bring a firearm onto the premises. Story below:

http://www.dallasnews.com/business/...-giving-stickers-to-checking-gun-licenses.ece

This would only apply to retailers who sell for off-premise consumption. TX law treats restaurants with licenses for on-premise consumption differently, and bars and clubs with "51%" signs (denoting that over 50% of their revenue is from alcohol sales) are also treated differently and are already off-limits to handgun carry.

This strikes me as an overabundance of caution, but then again, TX has been known to be rather draconian in enforcement of the byzantine Alcoholic Beverage Code.

Thoughts? Anyone going to stop patronizing Wally World now? Also, has anyone heard of any other retailers (specifically any of the large grocery store chains such as Kroger or Costco) taking similar steps?

 

[Glenn E. Meyer]

Seems like a milder way to discourage open carry than a 30.07.

Their recent decision to due away with military pattern rifles suggests something of a problem with being totally gun friendly.

On the other, saying there will be a boycott is spitting into a F5.

 

[lagavulin62]

How would a store be knowingly allowing unlicenced carry if they didn't check each oc customer? Does the law require this of store owners? No it doesn't so how could a court prove they knowingly allowed it? I understand some fancy lawyer will screw this up with a successful lawsuit at some point in the future but as I understand it the burden of proof is not, or shoukd not,be ob store owners, but the individual who OC's.

 

[rickyrick]

They just want to make the "my rights" people angry.... LOL

Private entities can do what they wish pretty much.

My wife gets her purse routinely searched at places, especially theaters, even though licensed carry isn't illegal. I just smirk a little bit, because I know that there is two firearms on our bodies as they look in her purse.

 

[kilimanjaro]

It's about liability. Get caught a dozen times in a dozen Texas stores with unlicensed people, and they could lose their license to sell liquor in the state of Texas. Major wallet hit. Just the publicity alone would cost them big bucks.

 

[carguychris]

It's about liability. Get caught a dozen times in a dozen Texas stores with unlicensed people, and they could lose their license to sell liquor in the state of Texas.

That's where I think this is coming from. I'm unfamiliar with TX alcohol licenses generally, but I'm wondering if different Wal-Mart locations are somehow linked—so to speak—from a licensing standpoint, and thus some irresponsible actions by careless managers in a handful of stores could cause the entire chain to lose its license.

(BTW I don't know where you're located, but Wal-Mart and other major grocers in TX generally don't sell liquor—only beer and wine—because the law mandates that liquor retailers can only be open from 10am-9pm Mon-Sat, and simply roping off a section of the store and refusing to check out liquor customers at the registers won't satisfy the law; the liquor area must be securely and permanently walled off and locked down tight. This is but one example of the byzantine nature of the code.)

 

[Clock]

Dram Shop Laws

This may be triggered by Dram Shop laws, which can make the seller of alcohol liable for negative actions committed by the buyer. I don't know the specifics of Texas alcohol law, but am in a couple of states and the consequences of any type of irresponsibility by the seller can not only cost your license, but almost any amount of money, depending on what your customer does.
How this works:
Man goes into bar A & has a glass of wine.
Then goes to bar B & has 2 beers and a shot.
Then goes into bar C & has 6 Long Islands.
Man then has an auto accident and someone is hurt. The way the law works is that all 3 bars may share liability. This is not fair, but that's the way it is.

My guess is their lawyers and or insurance may have recommended this to cover their butts or to mitigate any liability. Just a guess.

 

[Bartholomew Roberts]

Walmart has also made it clear the policy is in effect only in stores that sell alcohol. Walmarts in dry areas will be hassle-free. The concern, apparently, is if you see someone carrying a firearm openly, is TABC going to use that to argue you should have known it was unlicensed?

Since it will be an administrative hearing before TABC, it isn't as if Walmart (or other retailers) get to plead their case to a jury. HEB for example, just posted a 30.07 sign to prohibit all open carry rather than deal with this issue.

Currently, TABC is working on guidance for this; but my understanding is retailers will not be required to check for licensed carry.

And from a practical standpoint, carrying an unlicensed firearm in a place that sells alcohol is a felony - so I'm not sure what Walmart would do if they did find an unlicensed firearm. I'd sure hate to be the associate standing there in my blue vest facing an armed felon and hoping he's feeling only a little unlawful today.

 

[Dufus]

Wally Worlds around here have off duty uniformed police officers at the doors. I would imagine that if there was any license checking going on, it would be them, not the blue vested employees.