TexasCHLforum.com

GrillKing wrote:

txinvestigator wrote: It is not possible for Taco Cabana to keep Peace Officer or FBI agents from carry firearms inside thier stores.

How about: "Do you have a warrant or are you here on official business? If not, I'm asking you to leave."

Nothing to do with firearms....

BTW, I'm not supporting this. If I owned a business, I'd want LEOs as customers. Money is green and it's free security!! And I like cops....

Of course, there is the other problem with this logic. If the officer refuses to leave, what are you going to do about it? You cannot legally arrest him and you won't allow police on the property so they can. Could be an interesting dilemma.

BTW, I support the property owner's right to ban weapons, even with LEO's. I don't know how he can differentiate between on duty and off or official business or not, but if he can figure it out, go for it.

Lucky45 wrote:In a nutshell, if they are ON-DUTY then they can carry. If they are OFF-DUTY, then they have to obey PC30.06 like everyone else.

Lucky, there has been a lot of debate in the police circles over this very point. In other states, this may be more concrete, but the way Texas and the Federal law are worded, it is not as clear as you think. Note that the federal law says that the state laws must allow a person to ban guns from the property. Texas law does not truly allow that, in that our law allows a person with certain conditions to enter the property despite the 30.06. For example, the 30.06 does not apply to a person who is traveling and not a CHL.

Also, Texas law specifically says it (gun laws) does not apply to police officers and special investigators from the federal government.

Thus, in Texas, a peace officer or a federal special investigator does not have to comply with 30.06. He should, but should and do are two different things.

Mithras61 wrote:Gosh, I coulda swore I could read, but I sure didn't see anything about "a smaller courtesy sign on the front door" in PC 30.06. Must be something lawyerly I missed...

Actually, it is the way you read 30.06 that is causing the confusion. 30.05 requires the notice to be at the entrance, but 30.06 just requires it ot be in plain view. It does not specify at the entrance or at every entrance or any specific location.

I have thought before that most people are reading ti wrong when they think it has to be at every entrance to be valid but I was hoping I was wrong. Here is a company whose lawyers are at least reading it the same as I do.

Here is the exact language they are refering to:

(3) "Written communication" means:
(A) a card or other document on which is written language identical to
the following: "Pursuant to Section 30.06, Penal Code (trespass
by holder of license to carry a concealed handgun), a person
licensed under Subchapter H, Chapter 411, Government Code
(concealed handgun law), may not enter this property with a
concealed handgun"; or
(B) a sign posted on the property that:
(i) includes the language described by Paragraph (A) in both
English and Spanish;
(ii) appears in contrasting colors with block letters at least one
inch in height; and
(iii) is displayed in a conspicuous manner clearly visible to the
public.

Note that it requires just posted on the property conspicuously.