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After a radicalized Muslim attacked an Austin bar, murdering three patrons and injuring dozens more, Texas’ so-called “51% rule” has gained the attention of activists and Republican lawmakers in the Texas House of Representatives. Some have already called for it to be repealed.
The 51% rule refers to particular signage that most bars are required by Texas law to display. According to official government sources: “Alcoholic beverage retailers that derive 51% or more of its income from the sale of alcoholic beverages for on-premise consumption must post the red sign. The red sign has ‘51%’ in large red letters superimposed over a warning that says possession of a handgun on the premises is unlawful.”
There are very few, if any, exceptions to the rule, and even those who are licensed to carry firearms are subject to it. That means that, unfortunately, any Texan at most bars across the state is effectively a sitting duck—unless the bar hires private security or maintains a police presence.
Activist Chris McNutt, who heads Texas Gun Rights, points out that all this law is doing is creating soft targets. “We firmly believe that if you’re too intoxicated to drive, you’re too intoxicated to carry,” he said. “But if you’re sober, you should not be disarmed by being in a bar or restaurant.”
This law is already somewhat redundant due to the existing Texas law that bars those who are intoxicated from carrying a firearm. According to Penal Code § 46.02(a-6) and § 49.01(2), you cannot legally carry a firearm outside your own property with a BAC of more than 0.08%. That’s the same limit for the legal operation of a motor vehicle.
McNutt went on to say that Austin’s Sixth Street—which is famous for being the center of Austin nightlife with multiple bars and clubs all accessible via the walkable road—is a prime example of why this rule is outdated. “It’s not just radicalized Muslims that you have to worry about,” he explained. “There’s a lot of homelessness and various crime down there, so you should not be disarmed.”
Unfortunately, anyone who is so much as acting as a designated driver for a group visiting a few of the many famous bars on Sixth Street would be forced to disarm themselves just to accompany their group through the door of one of the bars.
McNutt and Texas Gun Rights have already pushed in the past for the repeal of the law and have also worked to limit its scope and enforcement on law-abiding LTC holders, but have so far been met with little success. That might change in the upcoming 90th session of the Texas Legislature, which is set to meet in early 2027.
Multiple conservative legislators, including Rep. Mitch Little and Rep. Wes Virdell, have publicly come out in support of abolishing the law. Virdell said, “If you aren’t consuming alcohol, you should be able to carry a pistol to defend yourself in a bar from radical Muslims who want to kill you.”