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Carrying In a Bar

11,179 Views | 82 Replies | Last: 4 yr ago by 91AggieLawyer
TAMU77CLAY
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Was at our local bar yesterday and newly elected Justice of the Peace comes in openly carrying his pistol and has a couple of drinks. It sparked a debate at our table if that was illegal since he is just retired fireman and not policeman. Anybody know?
FancyKetchup14
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No clue on the legality, but my gut and brain tells me no one should be drinking and carrying firearms.

Your newly elected JP sounds like a jackass.
IDAGG
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I don't know about the legality of carrying in a bar, but I do know in most states it is illegal to be drunk and armed at the same time. At least in public it is illegal.
ThunderCougarFalconBird
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I understand firearms to be comparable to boats in the sense that neither mixes will with alcohol.
TAMU77CLAY
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FancyKetchup14 said:

No clue on the legality, but my gut and brain tells me no one should be drinking and carrying firearms.

Your newly elected JP sounds like a jackass.
Since being elected he has taken on a old west lawman persona in dressing like Wyatt Erp and wearing a huge black cowboy hat. He even referred to the Irish Pub we were in last night as "the saloon".
A bit of doofus act going on.
FancyKetchup14
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That's spectacular, really. A real-life Yosemite Sam walks amongst us.

"There's a new [Justice of the Peace] in this town, partner."
TAMU77CLAY
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FancyKetchup14 said:

That's spectacular, really. A real-life Yosemite Sam walks amongst us.

"There's a new [Justice of the Peace] in this town, partner."
Actually had one of the people at the table refer to him as Yosemite Sam and another called him Wyatt Berp.
BlueSmoke
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This doesn't sound like t will end well in the long run

Nobody cares. Work Harder
MouthBQ98
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Did they get rid of the 51% of sales language?
elfurioso92
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Sounds like a tool.
CE Lounge Lizzard
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BlueSmoke said:

This doesn't sound like t will end well in the long run


No kidding. Wearing a black felt hat in the Texas heat is a good way to get heat stroke.
Alte Schule
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In Texas JP's are not peace officers and, other than home and auto, must have an LTC to legally carry a firearm.and has to follow all the regulations as outlined in the statute.

Bar/Saloons that make 51% or more from the sale of alcohol must display a "51%" sign displayed in a prominent place/ A 51% sign will feature a 51% in large red numbers notifying you that carrying a handgun on the premises is a felony of the third degree.

The guy sounds like a real piece of work.
Fairview
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I regularly see our county sheriff in one of the breweries we have in town and he never has his service weapon on him when he's in there. He does pretty much everywhere else you see him. Sounds like your guy is a tool.
Herne the Hunter
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Found this statement on this site.

Where Can You Carry?

  • Under Texas law, law enforcement officers and LTC-licensed judges can carry firearms almost anywhere, whether they are on or off duty.

If this is true then is a JP considered a Judge.
gomerschlep
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Plenty of questions here.

Was this in TX? When I lived in Arizona (06-08) this was fairly commonplace amongst normal bar patrons. Funny how I never saw a bar fight my entire times there, and I frequented some pretty sketchy places.

In TX, the 51% rule is still very much in practice from what I understand, but would not apply to an LEO who enters the premises while on duty, in an LEO function.

If this was someone else, who was there to drink not work, I would assume that is a completely different matter.

I'm sure there are some LEO who can chime in, I'm just a medic who spends an inordinate amount of time in bars in my off-time.
highvelocity
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perhaps we should call Dr. King Shultz to teach this guy a lesson
Owner of Texas Strap Company use code TEXAGS for 15% off
www.txstrapco.com

Sales Director for BCA Firearms
www.bcafirearmstx.com
CanyonAg77
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You really ought to tell us the name of this "public servant".
CactusThomas
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Y'all are crazy. This guy sounds awesome.
FancyKetchup14
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gomerschlep said:



In TX, the 51% rule is still very much in practice from what I understand, but would not apply to an LEO who enters the premises while on duty, in an LEO function.


I get this. If an LEO walks into the bar to break up a fight or whatever, he can obviously carry.

This booger eating sounding JP strutting into "the saloon," likely after breaking up a dispute at the local habadasherie, with a plastic star on his chest doesn't seem to fit in that description.

Hell, I imagine the piano quits playing that old timey music and Miss Kitty runs the hookers back upstairs, whilst everyone speaks with hushed breath.
Alte Schule
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GWGuerrilla said:

Found this statement on this site.

Where Can You Carry?

  • Under Texas law, law enforcement officers and LTC-licensed judges can carry firearms almost anywhere, whether they are on or off duty.

If this is true then is a JP considered a Judge.
A JP is not a judge, They are limited to hearing traffic and other Class C misdemeanors that are punishable by fines only, truancy cases, civil small claims type matters up to $10,000, landlord tenant disputes and can conduct inquests such as pronouncing someone deceased.

Judges serve at the district, appellate and state supreme court level,
dandaggie78
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See Texas government code 411.201(1)(A). A justice court judge IS an "active judicial officer"
SteveBott
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Regardless of his eligibility for carrying he should not while in a bar drinking.
AgEng06
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SteveBott said:

Regardless of his eligibility for carrying he should not while in a bar drinking.
You can argue morally or ethically if you want, but as far as I remember there isn't a legal definition of "drunk" in relation to carrying. It's up to an officer's discretion. And I'm assuming Billy the Kid didn't figure any officers were gonna give him crap about it.
average_joker
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Some JP's have a nearby department list then as a reserve officer and thus keep their LEO credentials current.
drummer0415
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I can't comment to the legality of his ability to carry in that establishment, but a bunch of people are way overacting to a guy having a drink while carrying. OP didn't say he was hammering shots and getting wasted, just said he was having a couple drinks.

Plenty of times I have gone out to eat dinner at a restaurant and had 1 or 2 drinks over a 1-2 hour period while carrying. Guess what? Nobody died. Guess what else? Me, my family, and everybody in that restaurant was safer because I had a gun on me, even while consuming g alcohol. Obviously, I don't get drunk and carry, but 1 or 2 drinks is not a big deal. Sitting in a bar instead of a restaurant is no different in terms of "safety" (obviously different from a legal standpoint, which is also bullshat).

All the holier than thous can crucify me or suck my nuts, I don't care.

Sounds like OP just wants to make fun of this dude and used the legality question as a thinly veiled opportunity to bring it up.
aggiedent
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Somebody needs to take a Valium with his alcohol to avoid throwing a hissy fit overreaction.
RK
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he better have been carrying dual 12" revolvers.
texan12
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I don't think it's difficult to exercise your rights without overtly bragging about them. In this case, it seems this guy is very proud of such rights. Conceal carrying at a bar or anywhere in public you're drinking alcohol is respectful to others. You're not dove hunting in south Texas.
RK
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also, are you sure he wasn't drinking a sarsaparilla?
drummer0415
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aggiedent said:

Somebody needs to take a Valium with his alcohol to avoid throwing a hissy fit overreaction.


You talking about the OP?
drummer0415
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texan12 said:

I don't think it's difficult to exercise your rights without overtly bragging about them. In this case, it seems this guy is very proud of such rights. Conceal carrying at a bar or anywhere in public you're drinking alcohol is respectful to others. You're not dove hunting in south Texas.


So your beef is just with open carry in general, not necessarily anything to do with alcohol consumption. Got it.
Martin Cash
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Alte Schule said:

GWGuerrilla said:

Found this statement on this site.

Where Can You Carry?

  • Under Texas law, law enforcement officers and LTC-licensed judges can carry firearms almost anywhere, whether they are on or off duty.

If this is true then is a JP considered a Judge.
A JP is not a judge, They are limited to hearing traffic and other Class C misdemeanors that are punishable by fines only, truancy cases, civil small claims type matters up to $10,000, landlord tenant disputes and can conduct inquests such as pronouncing someone deceased.

Judges serve at the district, appellate and state supreme court level,

Unfortunately, they are.
Stat Monitor Repairman
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Wasn't there a thread recently talking about the peace officers unions trying to get the legislature to ammend the code where a peace officer was exempt from this type of thing?
Strongweasel97
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He's a judicial officer, which plays by the same rules as other judges (fed, associate, district, etc.) in this case. They play by a different set of rules (rightly so, as they are all threatened, especially in the criminal, family law realms) than the rest of us as far as LTC.

As far as open carry, I have no idea.
TAMU77CLAY
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drummer0415 said:

aggiedent said:

Somebody needs to take a Valium with his alcohol to avoid throwing a hissy fit overreaction.


You talking about the OP?
That's 2 veiled shots at me. Was genuinely asking if his activity was legal and opined of what I thought. Dude, lighten up, it's all in fun and learning.
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