Return to “Taco Cabana; NO WEAPONS ON OUR PROPERTY”
Thank you.jbirds1210 wrote:Please keep this thread on topic......insulting posts toward each other will be deleted as to not cheat people out of 11+ pages of informative material.
You are telling me that uniformed cops have entered with empty holsters?lawrnk wrote:
As I mentioned perviously, uniformed cops do not enter armed, though they are a rare sight at his store.
You are telling me that uniformed cops have entered with empty holsters?They are aware of his restriction, and several honor it on the occasion the come in to buy something for their wives.
His sign is legally meaningless when it comes to Texas Peace Officers and Special Investigators. The law states so. Unless you can show me some LAW that your uncle in law invoked, any cops going in unarmed are doing so out of courtesy or dept. policy.This area has a population of SDA's, so the handful of cops (I think 5) are generally respectful of the SDA faith. I'm unaware of any meeting with the chief, but he has a sign. I don't know the wording, but it is respected.
This is getting convulted. I'll break it down;Lucky45 wrote: My question would be, what laws apply to federal agent when they are off-duty. Is there some sort of immunity??? Because I know some people like to say that a LEO is never off-duty. But alot of departments, both federal and local, have distanced themselves before and said that XYZ agent/LEO was not acting in the capacity of the department when a major incident happens.
Has a uniformed cop ever walked in with an empty holster? Of course not. Your wife's uncle's attorney cannot override state law.lawrnk wrote:txinvestigator wrote:He CANNOT keep LEO's out based solely on them carrying a weapon; regardless of what you may be told. He can ask that no cops come in his store except for official purposes.lawrnk wrote:I am referring to persons casually entering the store. I am certain if an assault or anything with probable cause would override his gun ban easily.txinvestigator wrote:I would be interested to see ho they did that. Someone calls and claim that your wife's uncle assaulted him in the shop. How in the world do you think they are going to keep the cop out?lawrnk wrote:I believe you are wrong.
My wife's uncle is seventh day adventist. He owns a organics shop and has worked with his lawyer to ban any weapon on his property, including LEO.
I hate his policy, but as a private business owner, you do have certain rights.
txinvestigator wrote:I got confused.How did the LEO rreference come up? 30.06 does not apply to LEOs.
30.05 does not apply to Peace Officer OR Special Investigators
It is not possible for Taco Cabana to keep Peace Officer or FBI agents from carry firearms inside thier stores.(g) This section does not apply if:
(1) the basis on which entry on the property or land or
in the building was forbidden is that entry with a handgun or other
weapon was forbidden; and
(2) the actor at the time of the offense was a peace
officer, including a commissioned peace officer of a recognized
state, or a special investigator under Article 2.122, Code of
Criminal Procedure, regardless of whether the peace officer or
special investigator was engaged in the actual discharge of an
official duty while carrying the weapon.
I've never asked him about that, but I'm certain he is aware.
Cops do not enter his business with their firearms. He has yet to have one visit for official purposes, yet. He is in a small town with a handful of cops. Everybody knows. I'm pretty sure you just repeated what I already said above.
He CANNOT keep LEO's out based solely on them carrying a weapon; regardless of what you may be told. He can ask that no cops come in his store except for official purposes.lawrnk wrote:I am referring to persons casually entering the store. I am certain if an assault or anything with probable cause would override his gun ban easily.txinvestigator wrote:I would be interested to see ho they did that. Someone calls and claim that your wife's uncle assaulted him in the shop. How in the world do you think they are going to keep the cop out?lawrnk wrote:I believe you are wrong.
My wife's uncle is seventh day adventist. He owns a organics shop and has worked with his lawyer to ban any weapon on his property, including LEO.
I hate his policy, but as a private business owner, you do have certain rights.
txinvestigator wrote:I got confused.
30.05 does not apply to Peace Officer OR Special Investigators
It is not possible for Taco Cabana to keep Peace Officer or FBI agents from carry firearms inside thier stores.(g) This section does not apply if:
(1) the basis on which entry on the property or land or
in the building was forbidden is that entry with a handgun or other
weapon was forbidden; and
(2) the actor at the time of the offense was a peace
officer, including a commissioned peace officer of a recognized
state, or a special investigator under Article 2.122, Code of
Criminal Procedure, regardless of whether the peace officer or
special investigator was engaged in the actual discharge of an
official duty while carrying the weapon.
I've never asked him about that, but I'm certain he is aware.
I disagree. It does not matter if a Peace offier OR special investigator gets effective noticice under 30.05, as 30.05 specifically does not apply to Peace Officers or Special InvestigatorsKBCraig wrote:It's questionable because Texas allows wide latitude for property owners to ban certain actions, including carrying of concealed handguns. While 30.06 only applies to CHLs, a valid 30.06 notice could be argued to be effective notice under 30.05 (even a ghostbusters sign is effective under 30.05, for non-CHLs).txinvestigator wrote:Humm, I don't see how it is questionable;KBCraig wrote:Actually, it's questionable if 30.06 applies to non-TCLEOSE federal LEOs who are covered by LEOSA (FBI, U.S. Marshals, Bureau of Prisons, Border Patrol, DoD police, etc., etc., etc.), because 30.06 refers specifically to CHLs.
Kevin
Then 30.05 WOULD apply to you. But it does not to Peace Officers or Special Investigators.I'm neither a Peace Officer nor a Special Investigator as defined in Texas law.Secondly, 30.05 specifically INCLUDES off duty in the non-applicibility. it matters not if Peace Officers or Special Investigators are on or off duty; 30.05 does not apply to them, and neither does 30.06.
That does not change the facts. In the post I quoted, you lumped FBI, Border Patrol, Marshals. Prisons, DoD police, etc., all together. While all qualify under LEOSA, they do not ALL hold the same status under Texas law.Nor are the vast majority of federal LEOs in Texas. You realize there are about 3,000 working just for the Federal Bureau of Prisons in Texas, almost all qualified to carry under LEOSA? FBI/Marshals/DEA/ATF are a small minority.
Yes, they could in that situation.GrillKing wrote:How about: "Do you have a warrant or are you here on official business? If not, I'm asking you to leave."txinvestigator wrote: It is not possible for Taco Cabana to keep Peace Officer or FBI agents from carry firearms inside thier stores.
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....
I would be interested to see ho they did that. Someone calls and claim that your wife's uncle assaulted him in the shop. How in the world do you think they are going to keep the cop out?lawrnk wrote:I believe you are wrong.
My wife's uncle is seventh day adventist. He owns a organics shop and has worked with his lawyer to ban any weapon on his property, including LEO.
I hate his policy, but as a private business owner, you do have certain rights.
txinvestigator wrote:I got confused.
30.05 does not apply to Peace Officer OR Special Investigators
It is not possible for Taco Cabana to keep Peace Officer or FBI agents from carry firearms inside thier stores.(g) This section does not apply if:
(1) the basis on which entry on the property or land or
in the building was forbidden is that entry with a handgun or other
weapon was forbidden; and
(2) the actor at the time of the offense was a peace
officer, including a commissioned peace officer of a recognized
state, or a special investigator under Article 2.122, Code of
Criminal Procedure, regardless of whether the peace officer or
special investigator was engaged in the actual discharge of an
official duty while carrying the weapon.
Humm, I don't see how it is questionable;KBCraig wrote:Actually, it's questionable if 30.06 applies to non-TCLEOSE federal LEOs who are covered by LEOSA (FBI, U.S. Marshals, Bureau of Prisons, Border Patrol, DoD police, etc., etc., etc.), because 30.06 refers specifically to CHLs.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.Renegade wrote:Also, since FBI Agents are not Peace Officers, it appears they, along with other Special Investigators are banned from carrying there. Well, at least us CHLs are in good company.....
Kevin
First, officers under LEOSA are not carrying under 411 of the govt code, so 30.06 does not apply to them.Texas Penal Code
§ 30.06. TRESPASS BY HOLDER OF LICENSE TO CARRY CONCEALED
HANDGUN. (a) A license holder commits an offense if the license
holder:
(1) carries a handgun under the authority of
Subchapter H, Chapter 411, Government Code....
How did the LEO rreference come up? 30.06 does not apply to LEOs.It is not possible for Taco Cabana to keep Peace Officer or FBI agents from carry firearms inside thier stores.(g) This section does not apply if:
(1) the basis on which entry on the property or land or
in the building was forbidden is that entry with a handgun or other
weapon was forbidden; and
(2) the actor at the time of the offense was a peace
officer, including a commissioned peace officer of a recognized
state, or a special investigator under Article 2.122, Code of
Criminal Procedure, regardless of whether the peace officer or
special investigator was engaged in the actual discharge of an
official duty while carrying the weapon.
Call me out or attack me and I WILL respond in kind.Lucky45 wrote:Ok..Ok... Be civil now, TXI. No personal attacks.
so go moderate HIM if and when you get modeator status.kauboy wrote:Geez, get over yourself. I was pointing out that your letter is not what we normally see spew forth from your posts. If you want to take offense to that, be my guest.
And you were once a cop. I hope your fuse wasn't as short then
There you go judging again. I ask a simple question based on exactly what you wrote. I never said I was offended, and how do you get my fuse is short? I hope you don't have that much trouble reading everyone you deal with. However, you must be in great shape with all of the exercise you get jumping to conclusions, flying off at the handle, etc.kauboy wrote:Yet again, you take offense to something not meant to offend.txinvestigator wrote:So I seldom make well thought out or poignant posts, and I don't put forth much effort in my responses?kauboy wrote:I'm pretty sure he only means that since the majority of your responses are very brief, the effort put forth to write a well thought out and poignant letter to the company, seemed a little out of character. I don't think he intended to mean anything negative by it. We don't know you from Adam and personalities are difficult to decipher just from forum postings.
I'm just glad to see more folks taking a more active roll against companies that have flawed policies created by inept people. Keep up the good work, guys.
Geez, get over yourself. I was pointing out that your letter is not what we normally see spew forth from your posts. If you want to take offense to that, be my guest.
And you were once a cop. I hope your fuse wasn't as short then.
So I seldom make well thought out or poignant posts, and I don't put forth much effort in my responses?kauboy wrote:I'm pretty sure he only means that since the majority of your responses are very brief, the effort put forth to write a well thought out and poignant letter to the company, seemed a little out of character. I don't think he intended to mean anything negative by it. We don't know you from Adam and personalities are difficult to decipher just from forum postings.
I'm just glad to see more folks taking a more active roll against companies that have flawed policies created by inept people. Keep up the good work, guys.
