The Texas Alcoholic Beverage Commission (TABC) is the state agency that regulates all phases of the alcoholic beverage industry in Texas.
The TABC has proposed amendments to Administrative Rule 36.1, relating to the Possession and Sale of Firearms on Licensed Premises. Licensed Premises is loosely defined as any venue at which TABC has authorized the sale or consumption of alcohol. This includes the Woodlands Waterway Marriott, The Houston Racquet Club, and any public facility that holds a TABC liquor license. Of particular interest is proposed subsection (c) of Rule Administrative 36.1 which references the rules dealing with certain firearms sales, firing ranges and gun shows at on-premises locations.
The current Rule prohibits alcohol sales at gun shows. Unfortunately, under the literal interpretation of the current rule, any gathering, banquet, or nonprofit fundraiser where a gun is present, is a “gun show” within the meaning of Rule 36.1. This includes HSC’s convention, clay shoot, and monthly meetings where firearms are present and alcohol is legally served. Events sponsored by purely charitable conservation organizations like RMEF, DU, and NWTF are specifically exempted from this rule. To date, TABC has not strongly enforced this rule against non-profit conservations organizations like HSC.
Under the current language, a convention or any event where one displays, auctions or exhibits firearms and where alcohol may be legally sold, is included. Non-profit events with firearms displayed for auction or raffle cannot legally be held in private venues, such as hotels, if the property owner has been issued a TABC license.
The current TABC rule does not differentiate between “Gun Shows” and other events where firearms are displayed and sold, with the sole exception for charitable conservation organizations. This rule affects non-profit conservation organizations like HSC, and has affected these organizations ever since this rule was enacted, even if TABC never enforced this rule on these organizations before. The current rule does NOT affect charitable organizations like RMEF, DU, and NWTF because those organizations are specifically exempted from these rules.
A change in the rule would solidify the practice of non-profit organizations to auction, raffle or display firearms at a TABC-licensed venue. Houston Safari Club supports a change in the Rule and encourages our membership to do so as well. A public comment period is open until September 6th, 2014.
There are additional proposed changes that may be viewed at https://www.tabc.state.tx.us/laws/proposed/361am.asp.
Comments on the proposed amendments may be submitted in writing to Martin Wilson, Assistant General Counsel, Texas Alcoholic Beverage Commission, at P.O. Box 13127, Austin, Texas 78711-3127, or by facsimile transmission to (512) 206-3280. They may also be submitted electronically through the commission’s public website at http://www.tabc.state.tx.us/laws/proposed_rules.asp.
