Are Bars Turned Restaurant Still Off Limits To Texas LTC Holders?
License to Carry, (LTC), holders are prohibited from carrying in bars but restaurants are a slightly different case.
Here's how it works: Establishments that get 51% or more of their sales from the sale of alcohol are off-limits to LTC holders while those that make less than 51% of their profits from alcohol are open to LTC holders. They can't sit there and get hammered of course but, they are allowed on the premises while 51% establishments are an absolute "no-go".
In an effort to stay open during the pandemic, many bars have changed their status to "restaurants" stating that they are NOT getting 51% or more of their sales from alcohol. Some even require you to order food along with your drink in an effort to maintain that status. Props to them for finding a way to stay in business during these crazy times by changing their status. What about the status of this law though?
I asked local attorney Justin Underwood, practically an expert in LTC and concealed carry matters, this question. While he agreed LTC holders (probably) could legally carry in these places, he doesn't recommend testing the system.
That’s a brilliant question. Legally I’d say yes because of the 51% deal. But in reality, if you know it’s a bar, don’t carry in there. The cops won’t hesitate to arrest someone over that in a second.
There isn't a clear-cut legal answer here and probably never will be as, eventually, everyone will want their 51% status back. In the meantime, what do you think? If an establishment changes its status, should this law ... or any other law based on the business' status... by default change as well?
We're not all lawyers, judges, bar owners, or gun owners here but, we do pretty much all regularly visit these establishments. Whether you have a background or interest in law, the bar/restaurant industry, holding an LTC or gun rights in general; leave your answer/thoughts in the comments below!