The horrific shooting at Buford’s Backyard Beer Garden in Austin shines a light on a gun control in Texas that prevents even licensed concealed carriers from being armed for self-defense in a bar setting.
Texas has a gun culture that is second to none, but the Lone Star State also has a “51 percent” law that makes it illegal for law-abiding concealed carriers to be armed in an establishment that derives at least 51 percent of its money from alcohol sales.
The San Antonio Report noted:
The 51 percent sign is a gun control sign established in 1993 to protect bar owners. When a restaurant or bar initially applies for a Texas Alcoholic Beverage Commission license, those projecting higher alcohol sales will receive a red 51 percent sign. This informs gun owners that they may not carry a weapon into the establishment.
The law presumes licensed concealed carriers cannot be trusted to choose to be responsible with their firearms if they are in a bar setting, even if they are not drinking alcohol.
Another thing the 51 percent gun control law does is guarantee patrons of a bar are sitting ducks. After all, the 51 percent law did not prevent a 53-year-old man in a “Property of Allah” hoodie from opening fire on Buford’s patrons with two guns. And sadly, it did not prevent two people being killed and fourteen others wounded in the heinous attack.
We cannot talk to the 53-year-old attacker, as he was killed in an exchange of gunfire with police. But if we could talk to him, it would be interesting to find out if he assumed attacking a bar in Texas meant he was going to be the only one with a gun. The Second Amendment Foundation’s Kostas Moros observed, “…I would not be surprised if the terrorist chose a bar as his target for exactly this reason. Not that many places ban guns in Texas, and he just happened to pick one of the few types of places that did.”
People praise the fact that Austin Police Department officers arrived on the scene in 57 seconds to confront the attacker (and ultimately eliminate him, as noted above). However, if there had been a concealed carrier, or perhaps two or three, in the bar or on the bar’s patio when the attack commenced, an armed response could have occurred 55 or 56 seconds faster than the police response ended up taking.
Gun Owners of America’s southeast regional director Luis Valdes pointed out, “As a former cop, I commend APD on their quick response. But let’s be real. When seconds count, cops are minutes away. Texas must repeal these gun-free zones. Congress must pass National Carry Reciprocity. Americans must be able to defend themselves.”
Gov. Greg Abbott (R) has been a stalwart for the Second Amendment in Texas, as have many Republican lawmakers in the state. But somehow, a law remains on the books that puts the law-abiding citizen at a distinct disadvantage when a determined attacker ignores the gun-free statute and shows up loaded for bear.
Texas needs to abolish the 51 percent law now. Concealed carriers are among the most law-abiding of citizens and they can be trusted to be responsible with their freedom.
AWR Hawkins is an award-winning Second Amendment columnist for Breitbart News and the writer/curator of Down Range with AWR Hawkins, a weekly newsletter focused on all things Second Amendment, also for Breitbart News. He is the political analyst for Armed American Radio and the director of global marketing for Lone Star Hunts. He holds a PhD in Military History with a focus on the Vietnam War (brown water navy), U.S. Navy since Inception, the Civil War, and Early Modern Europe. He enjoys reading Philosophy and novels by Jack Carr and Nelson DeMille. Follow him on X: @awrhawkins. You can sign up to get Down Range at breitbart.com/downrange. Reach him directly at [email protected].
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