Texas3006 Forum

Applebee's in Weslaco, TX and Harlingen, TX have posted Texas Penal Code 46.03 signs on their doors that states no firearms are permitted on their premises. I asked the manager of the one in Weslaco who said that she was directed by "corporate" to do so. I regret not taking a picture of the sign to post here. Has anyone else seen this?

I searched for the code via internet, and it does exist. However, wading through it I can't figure out if it applies only those who are unlicensed.

I'm a member of US/Texas Law Shield and have just now requested they provide me with guidance. Has anyone here already looked into it?

This would not prevent a LTC holder but might be valid to block constitutional carry. See what Texas law shield says. Is Applebee's now a school, racetrack or perhaps doing executions? Most of these business seem to not know what to post and it is not our job to educate them.

I received a call yesterday from Grady Block, an attorney with U.S/Texas Law Shield. I told him that I would post his response here, and he said that was not a problem.

In a nutshell, he provided a legal explanation of why posting 46.03 is an inappropriate use of the sign by Applebee's. I understood what he said, but I'm not a lawyer and can only summarize it here.

In a nutshell, he believes it's the restaurant chain's response to constitutional carry, but it should be posting 30.05 signs and not 46.03 which does not apply to restaurants.

Bottom line, licensed carriers should not be concerned and carry on. However, he did say that should the restaurant staff verbally tell me that I can't carry there, then I should comply.

46.03 sign is one that a statutorily-prohibited 46.03 location MAY post if they wish to remind you that their place is off limits by statute.

Note that Section M gives you a defense to prosecution if you don't get notified and leave immediately from a 46.03 location

(m) It is a defense to prosecution under Section 46.03 that the actor:

(1) carries a handgun on a premises or other property on which the carrying of a weapon is prohibited under that section;
(2) personally received from the owner of the property, or from another person with apparent authority to act for the owner, notice that carrying a firearm or other weapon on the premises or other property, as applicable, was prohibited; and
(3) promptly departed from the premises or other property.

Then Section N tells us that the aforementioned defense to prosecution is nullified if the 46.03 sign is posted

(n) The defense provided by Subsection (m) does not apply if:

(1) a sign described by Subsection (o) was posted prominently at each entrance to the premises or other property, as applicable; or
(2) at the time of the offense, the actor knew that carrying a firearm or other weapon on the premises or other property was prohibited.

And here in Section O are the sign specs

(o) A person may provide notice that firearms and other weapons are prohibited under Section 46.03 on the premises or other property, as applicable, by posting a sign at each entrance to the premises or other property that:

(1) includes language that is identical to or substantially similar to the following: "Pursuant to Section 46.03, Penal Code (places weapons prohibited), a person may not carry a firearm or other weapon on this property";
(2) includes the language described by Subdivision (1) in both English and Spanish;
(3) appears in contrasting colors with block letters at least one inch in height; and
(4) is displayed in a conspicuous manner clearly visible to the public.

GerBriones wrote: ↑Sun Jan 16, 2022 10:02 pm Applebee's in Weslaco, TX and Harlingen, TX have posted Texas Penal Code 46.03 signs on their doors that states no firearms are permitted on their premises. I asked the manager of the one in Weslaco who said that she was directed by "corporate" to do so.

It's important to clarify who "corporate" is, and I suggest always asking who owns the location. When it comes to national chain restaurants, it's rarely the national chain.

According to the wikipedia article on Applebee's, "As of December 31, 2019, there were 1,787 restaurants operating system-wide in the United States and 15 other countries, including 69 that are company owned and 1,718 that are franchised."

I doubt your Weslaco and Harlingen locations are among the 69 actually owned by Applebee's.

I also called into TLS regarding these 46.03 signs, and spoke with a different attorney. She also agreed the 46.03 signs are inappropriate, and in addition because they are a notice regarding statute 46.03, they also do not count as notice under 30.05.

Basically they are a giant waste of wall/door space and serve no legitimate purpose for anything at an Applebee's.

Russell wrote: ↑Sat Jan 29, 2022 5:42 am Basically they are a giant waste of wall/door space and serve no legitimate purpose for anything at an Applebee's.

So... just like Applebee's itself?

KBCraig wrote: ↑Sun Jan 30, 2022 6:55 pm

Russell wrote: ↑Sat Jan 29, 2022 5:42 am Basically they are a giant waste of wall/door space and serve no legitimate purpose for anything at an Applebee's.

So... just like Applebee's itself?

They do have some very over priced nasty food.

Here I am late to the game as usual, but I have wondered for some time about a legal Texas sign that would prohibit unlicensed carry. I've seen signs for years--before the 9/1 law was even proposed--saying the unlicensed carry of a handgun on the premises was prohibited. Since 9/1 I've only seen an increase in 30.06 and 30.07 signs. Actually, I still see fairly few 30.07 signs other than the Rosenberg VFW (even though a couple people have contradicted me on this), which I see almost every Saturday. There is not a 51% sign there at all, even though they also sell beer and wine. Presumably, at least 50% of the VFW revenue is not liquor sales.

It's too bad merchants can't be informed about the new law and told they can post 30.05 signs, which if read correctly the reg behind it, prohibits unlicensed carry only, although that certainly is not made clear by the language on the sign! I suspect the people behind the design and wording of that sign are likely the increasingly common Austin socialist Democrats. They made it vague enough that even LTC people will be "afraid" to enter with their guns--since fear is a favorite tool of the left.

bowserb wrote: ↑Sat Apr 23, 2022 10:10 am Actually, I still see fairly few 30.07 signs other than the Rosenberg VFW (even though a couple people have contradicted me on this), which I see almost every Saturday. There is not a 51% sign there at all, even though they also sell beer and wine. Presumably, at least 50% of the VFW revenue is not liquor sales.

I don't know much about the rest of your post, but I did look up the license information for the Milton Brenner Veterans of Foreign Wars Post No. 3903 in Rosenberg.

They have a license type "BG", which allows the sale of wine and malt beverages for on- and off-premise consumption. No liquor, just beer and wine up to 17%.

TABC notes a "blue" gun sign required; if they were 51%, it would be a red sign.