Texas is widely known for strong protections of the right to keep and bear arms. However, state law also places restrictions on where firearms can be carried, even by individuals who otherwise lawfully possess or carry them. One of the strictest prohibitions applies to bars and establishments that derive 51% or more of their revenue from the sale of alcohol for on-premises consumption.
Under Texas Penal Code § 46.035, it is a crime to carry a firearm inside such establishments, regardless of whether you are licensed to carry. Even a law-abiding gun owner with a valid License to Carry (LTC) can be charged if caught with a firearm in a bar or club.
A conviction for this offense carries serious criminal penalties, the potential loss of firearm rights, and long-term consequences that can affect employment, reputation, and personal freedom.
Texas Firearm Possession at a Bar Attorney
If you were arrested for possessing a firearm in a bar, nightclub, or similar alcohol-serving business in Austin, Pflugerville, Lakeway, or anywhere in Travis County, you need an attorney who understands Texas firearms law and criminal defense strategies.
Kevin Bennett is an experienced criminal defense lawyer who has successfully represented clients accused of weapons and alcohol-related offenses. He will analyze the circumstances of your arrest, challenge the prosecution’s case, and work to protect your rights and your future.
Call (512) 476-4626 today to schedule a free consultation with The Law Office of Kevin Bennett.
Information Center
- Texas Penal Code § 46.035: Firearms in Alcohol Establishments
- Which Businesses Are 51% Businesses?
- Places in Austin Where These Charges Arise
- Legal Penalties and Consequences
- Defenses Against Firearm Possession in a Bar
- Key Elements for the Jury to Consider
- Frequently Asked Questions
- Additional Resources
Texas Penal Code § 46.035: Firearms in Alcohol Establishments
Texas Penal Code § 46.035 makes it an offense for an individual to carry a firearm into:
- A business with a red “51%” sign, meaning 51% or more of the revenue comes from on-premises alcohol sales
- Certain other restricted locations where firearms are specifically prohibited by statute
This crime is generally classified as a third-degree felony, punishable by 2 to 10 years in prison and a fine of up to $10,000.
Importantly, this law applies regardless of whether you have a valid License to Carry (LTC). Even lawful gun owners may face felony prosecution if they are caught with a firearm in a prohibited alcohol establishment.
Which Businesses Are 51% Businesses?
The “51% rule” applies to establishments that earn the majority of their revenue from alcohol sold for on-site consumption. These are usually places where alcohol is the main attraction rather than food or other services. Common examples include:
- Bars and Nightclubs – venues where alcohol is the primary product being sold
- Dance Halls – especially those with live music and alcohol-focused service
- Certain Lounges and Pubs – establishments without full-service kitchens, focusing mainly on drinks
- Adult Entertainment Clubs – strip clubs and other adult venues that make most of their money from alcohol sales
On the other hand, most restaurants are not classified as 51% establishments because food service is their primary source of revenue, even though alcohol is available. These locations typically display a blue “gun sign” instead of a red one.
If a business is required to post a “51% sign” but fails to do so properly, that can become a significant defense point in your case.
Places in Austin Where These Charges Arise
Austin has one of the most active nightlife scenes in Texas, and many of its bars and clubs fall under the 51% classification. One of the most common areas for firearm-related arrests tied to alcohol establishments is 6th Street.
- Downtown Austin / 6th Street: This district is packed with bars, clubs, and live music venues, most of which are 51% establishments. Police presence is also heavy in this area, particularly on weekends, making firearm arrests more likely.
- Warehouse District: Another nightlife hotspot west of Congress Avenue, filled with upscale bars and cocktail lounges where alcohol is the main revenue driver.
- Rainey Street Historic District: A popular nightlife destination with bungalow-style bars, many of which meet the 51% threshold.
- South Congress / South Lamar Areas: Although these areas are more mixed-use, certain bars and clubs along the strips are also classified as 51% establishments.
Because of Austin’s reputation as the “Live Music Capital of the World,” law enforcement pays close attention to weapon-related offenses in its entertainment districts. Visitors and residents alike may be caught off guard if they assume their otherwise legal firearm carry extends into a 51% bar.
Legal Penalties and Consequences
- Criminal Penalties: A third-degree felony conviction can mean 2–10 years in prison, up to $10,000 in fines, and a permanent criminal record.
- Firearm Rights: A felony conviction generally strips you of the right to own or possess firearms under both state and federal law.
- Driver’s License / Professional Licensing: While this charge doesn’t suspend a driver’s license like DWI, it can impact certain professional licenses, such as security guards, law enforcement, or teaching certifications.
- Collateral Consequences:
- Loss of voting rights (until restored)
- Ineligibility for some jobs requiring background checks
- Immigration consequences for non-citizens
- Damage to personal and professional reputation
Defenses Against Firearm Possession in a Bar
An experienced attorney can build multiple defense strategies depending on the facts of the case:
- Location Was Misclassified – The prosecution must prove the business was a “51% establishment.” If the location did not actually derive 51% or more of its revenue from alcohol sales, the charge may be invalid.
- Lack of Knowledge – Defendants may argue they were unaware the establishment was a 51% business, especially if the red sign was not properly posted as required by law.
- Constitutional Violations – If law enforcement discovered the firearm during an illegal search or detention, that evidence may be excluded from trial.
- No Intent to Carry – In some cases, a firearm may have been left unintentionally in a bag, glove compartment, or holster. Lack of intent to “carry” the weapon into the bar may be a viable defense.
- Emergency or Necessity Defense – Though rare, necessity can sometimes be argued if the defendant had a compelling safety reason for entering the location while armed.
Key Elements for the Jury to Consider
In any trial, the prosecution must prove each element of the crime beyond a reasonable doubt. For a firearm-possession-in-a-bar case, jurors will typically consider:
- Establishment Status: Was the business properly designated and legally classified as a “51% establishment”?
- Signage: Was the mandatory red 51% sign clearly posted at the entrance, giving proper notice to patrons?
- Possession: Did the defendant knowingly possess or carry the firearm inside the establishment?
- Intention and Awareness: Did the defendant intend to carry the weapon into the location, or was it left in the vehicle or otherwise not knowingly brought inside?
- Law Enforcement Conduct: Were the police actions in detaining, searching, or questioning the defendant lawful?
If jurors find reasonable doubt in any of these elements, they are instructed to return a not guilty verdict.
Frequently Asked Questions
Q: Can I carry a gun into a restaurant that serves alcohol?
Yes, as long as the restaurant is not a 51% establishment. The law only applies to businesses where most of the revenue comes from alcohol sales for on-site consumption.
Q: How do I know if a place is a 51% establishment?
By law, these businesses must post a red “51%” sign at the entrance, clearly warning patrons that firearms are prohibited.
Q: What if I have a License to Carry?
Having an LTC does not exempt you from this law. Carrying a firearm into a bar is still a felony, even with a license.
Q: Will a conviction affect my right to own guns?
Yes. A felony conviction will prohibit you from legally owning or possessing firearms under both state and federal law.
Q: Can this charge be reduced or dismissed?
In some cases, yes. An attorney may negotiate to reduce charges to a misdemeanor or identify defenses that lead to dismissal.
Additional Resources
Texas Penal Code – Firearm Restrictions: Texas Penal Code § 46.035 – Carrying Firearms in Certain Places.
Texas Alcoholic Beverage Commission (TABC): TABC Official Website – Information on alcohol licensing and 51% establishments.
Travis County Courts: Travis County Criminal Courts – Local court information and docket search for firearm and alcohol-related cases.
Austin Firearm Possession at a Bar Lawyer | Travis County, TX
Being charged with firearm possession in a bar is a serious matter. It threatens not only your freedom but also your constitutional rights. Kevin Bennett is committed to defending clients in Travis County accused of weapons and alcohol-related offenses. He will investigate whether the establishment was properly classified, challenge how law enforcement discovered the firearm, and build a defense aimed at dismissal or reduction of charges.
The Law Office of Kevin Bennett represents clients in Austin, Pflugerville, Lago Vista, Lakeway, and throughout Travis County. Call (512) 476-4626 today for your free consultation.
