Gun Rule - Discussion

36.1 Possession and Sale of Firearms on Licensed Premises

I. GUN SHOWS

Current Rule

 (a)   Gun Shows. A permittee/licensee may use or allow a portion of the grounds, buildings, vehicles and appurtenances of the licensed premises for the use of gun shows if the permittee/licensee:
   (1)   suspends all sales, complimentary offers and consumption of all alcoholic beverages during the gun show including time required for preparation or set-up and dismantling of the gun show; and
   (2)   operates its licensed premises at a facility regularly used for special functions, directly or indirectly, under a lease, concession or similar agreement from a governmental entity or legally formed and duly recognized civic, religious, charitable, fraternal or veterans organization.

Proposed Amendment

 (f)   A location that has a license or permit authorizing the on-premises consumption of alcoholic beverages may only allow a gun or firearms show or display at the location if:
   (1)   the location is owned or leased by a governmental entity or nonprofit civic, religious, charitable, fraternal, or veterans’ organization;
   (2)   the location is used for a gun or firearms show or display only on an occasional basis; and
   (3)   a written agreement between the operator of the show or display and the permittee is approved by the commission 30 days prior to the gun or firearms show or display and the agreement includes the following:
     (A)   a requirement that prohibits live ammunition in the building or the facility where the licensed premises is located;
     (B)   a requirement that firearms be disabled and not readily convertible for use; and
     (C)   a requirement that prohibits the delivery of any firearm inside the building or facility where the licensed premises is located.

II. OFF-PREMISES PERMITS AND LICENSES

Current Rule

 (b)   Off-Premise Retailers and Gun Sales. The holder of a retail dealer's off-premise license, a wine and beer retail dealer's off-premise permit, a wine only package store or package store permit may allow the sale or offer for sale firearms at the licensed location if:
   (1)   alcoholic beverages are not being displayed or sold in any area where firearms are readily accessible or can be viewed; and
   (2)   the firearms are secure from the general public and are only accessible by employees of the person or entity offering the firearms for sale.

Proposed Amendment

 (g)   The holder of a retail dealer's off-premise license, a wine and beer retail dealer's off-premise permit, a wine only package store permit or a package store permit may only allow the sale or offer for sale of firearms at the licensed location if:
   (1)   the license or permit holder also holds a federal firearms license;
   (2)   alcoholic beverages are not being sold in any area where the firearms for sale are readily accessible; and
   (3)   the firearms for sale are either:
     (A)   disabled and not readily convertible for use; or
     (B)   secure from the general public and only accessible by employees of the person or entity offering the firearms for sale.

III. ON-PREMISES PERMITS AND LICENSES

Current Rule

 (c)   On-Premise Possession of Firearms. Firearms may be possessed on premises licensed for on-premise consumption if:
   (1)   the firearm is in the possession of the permittee/licensee; or
   (2)   the firearm is:
     (A)   possessed for ceremonial and/or display purposes;
     (B)   disabled from use as a firearm while on the licensed premises;
     (C)   is possessed on the licensed premises in connection with charitable fundraising; and
     (D)   remains in the possession, control or supervision of person or persons acting on behalf of the charitable organization sponsoring the fundraising activity.

Proposed Amendment

 (c)   Except as allowed under the exemptions in Alcoholic Beverage Code §11.61(e)(1)–(4) or 61,71(f)(1)-(4), the possession or sale of firearms at a location that has a license or permit authorizing the on-premises consumption of alcoholic beverages is allowed only under the conditions prescribed in subsections (d), (e) or (f) of this section.
 (d)   A location that has a license or permit authorizing the on-premises consumption of alcoholic beverages may only allow the routine sale of firearms as part of its daily business operations if:
   (1)   the location has a federal firearms license;
   (2)   the firearms for sale are possessed and sold only on or in a portion of the grounds, buildings or appurtenances of the location that have been excluded from the licensed premises by designation in a diagram that has been approved by the commission under Alcoholic Beverage Code §11.49(b); and
   (3)   the firearms for sale are either:
     (A)   disabled and not readily convertible for use; or
     (B)   are secure from the general public and are only accessible by employees of the person or entity offering the firearms for sale.
 (e)   A location that has a license or permit authorizing the on-premises consumption of alcoholic beverages may only allow the operation of a firing range at the location if:
   (1)   the location meets all applicable federal, state or local requirements for the operation of a firing range;
   (2)   firearms are possessed or discharged only in a portion of the grounds, buildings or appurtenances of the location that have been excluded from the licensed premises by designation in a diagram that has been approved by the commission under Alcoholic Beverage Code §11.49(b);
   (3)   alcoholic beverages are not sold or possessed in any area where firearms are readily accessible; and
   (4)   the owner or operator of the location establishes and enforces safety guidelines involving the use of firearms, including but not limited to a requirement that firearms may not be possessed or discharged at the location after the consumption of alcoholic beverages on the licensed premises.
 (f)   A location that has a license or permit authorizing the on-premises consumption of alcoholic beverages may only allow a gun or firearms show or display at the location if:
   (1)   the location is owned or leased by a governmental entity or nonprofit civic, religious, charitable, fraternal, or veterans’ organization;
   (2)   the location is used for a gun or firearms show or display only on an occasional basis; and
   (3)   a the written agreement between the operator of the show or display and the permittee is approved by the commission 30 days prior to the gun or firearms show or display and the agreement includes the following:
     (A)   a requirement that prohibits live ammunition in the building or the facility where the licensed premises is located;
     (B)   a requirement that firearms be disabled and not readily convertible for use; and
     (C)   a requirement that prohibits the delivery of any firearm inside the building or facility where the licensed premises is located.

IV. HISTORICAL REENACTMENTS

Current Rule

 (d)   Historical Reenactments. Pursuant to §11.61(i) of the Texas Alcoholic Beverage Code, a historical reenactment utilizing firearms maybe conducted on the premises of a permit or license if:
   (1)   the firearms are of the type, caliber, or gauge common to the era and event being reenacted;
   (2)   such firearms remain in the possession of members of the cast, production company, employees of the permit holder, or others directly involved in the reenactment and are not left unattended or accessible to unauthorized persons at all times such firearms are on the licensed premises;
   (3)   such firearms remain unloaded at all times while on the licensed premises except that the firearms may be loaded with blank ammunition firing no projectile;
   (4)   such firearms shall be handled in a safe manner so as to present no threat of injury to audience members or others because of discharge or other use;
   (5)   persons engaged in reenactments shall maintain a minimum of 15 feet intervals between those armed with pistols and all others, and 40 feet between those armed with shotguns and all others;
   (6)   the permittee shall adopt safety rules to be employed during the reenactment and such rules shall be read and signed by all employees of the permit holder involved in the reenactment prior to the beginning of the event; and
   (7)   the permittee provides the relevant Commission District Office or outpost notice of the reenactment at least three business days before the event.

Proposed Amendment

 (h)   Pursuant to Alcoholic Beverage Code §§11.61(i) and 61.71(j), a historical reenactment utilizing firearms may only be conducted on a licensed premises if:
   (1)   the firearms are of the type, caliber, or gauge common to the era and event being reenacted;
   (2)   such firearms remain in the possession of members of the cast, production company, employees of the permit holder, or others directly involved in the reenactment and are not left unattended or accessible to unauthorized persons at all times such firearms are on the licensed premises;
   (3)   such firearms remain unloaded at all times while on the licensed premises except that the firearms may be loaded only with blank ammunition firing no projectile;
   (4)   such firearms are handled in a safe manner so as to present no threat of injury to audience members or others because of discharge or other use;
   (5)   persons engaged in reenactments maintain a minimum of 15 feet intervals between those armed with pistols and all others, and 40 feet between those armed with shotguns and all others;
   (6)   the permittee adopts safety rules to be employed during the reenactment and such rules are read and signed by all employees of the permit holder involved in the reenactment prior to the beginning of the event; and
   (7)   the permittee provides notice of the reenactment to the relevant commission office at least three business days before the event.

V. CEREMONIAL DISPLAY

Current Rule

 (c)   On-Premise Possession of Firearms. Firearms may be possessed on premises licensed for on-premise consumption if:
   (1)   the firearm is in the possession of the permittee/licensee; or
   (2)   the firearm is:
     (A)   possessed for ceremonial and/or display purposes;
     (B)   disabled from use as a firearm while on the licensed premises;
     (C)   is possessed on the licensed premises in connection with charitable fundraising; and
     (D)   remains in the possession, control or supervision of person or persons acting on behalf of the charitable organization sponsoring the fundraising activity.

Proposed Amendment

 (g)   Pursuant to Alcoholic Beverage Code §§11.61(f) and 61.71(g), a firearm may be ceremonially displayed on a licensed premises only if:
   (1)   the firearm is in the possession of the permittee or licensee;
   (2)   the firearm is disabled and not readily convertible for use as a firearm while on the premises; and
   (3)   there is no live ammunition for the firearm on the premises.

VI. DEFINITIONS

Current Rule

None.

Proposed Amendment

 (b)   As used in this section, "firearm" has the meaning given in Penal Code §46.01(c), and "licensed premises" means a premises that has a permit or license authorizing the sale, service or consumption of alcoholic beverages.