Taco Cabana; NO WEAPONS ON OUR PROPERTY

[lawrnk]

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.

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

(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.

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

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?

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.
I've never asked him about that, but I'm certain he is aware.

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.

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.

Has a uniformed cop ever walked in with an empty holster? Of course not. Your wife's uncle's attorney cannot override state law.

He MIGHT have had meetings with the Police Chief, who agreed to ask his guys not to patronize the place while armed. However, unless the uncle in law excludes all cops, then no charge could be made if he allows unarmed cops in but tries to exclude armed cops.

As I mentioned perviously, uniformed cops do not enter armed, though they are a rare sight at his store. They are aware of his restriction, and several honor it on the occasion the come in to buy something for their wives. 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.

[Renegade]

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.

This is getting convulted. I'll break it down;

Texas Peace Officers, whether on or off duty, are exempt from normal trespassing IF the basis for it is the carry of a firearm. TPC 30.05 30.06 does not apply, as it is only for those who carry under authority of a CHL, which Peace Officers don't.

Special Investigators are exempt from 30.05, whether on duty or not. Once again, Special investigators are not carrying under the CHL laws, so 30.06 is irrelevant.

There are many federal officers, as KBCraig pointed out, who are not listed as Special Investigators under Texas law. THEY would be liable under 30.05, but not 30.06.

See here for a list of Texas Peace Officers; http://tlo2.tlc.state.tx.us/statutes/do ... tm#2.12.00

see here for a list of Special Investigators; http://tlo2.tlc.state.tx.us/statutes/do ... m#2.122.00

Good summary. The Federal Govt seems to be able to make Federal LEOs faster than Texas Legislature enter them as Special Investigators. As a result, many are carrying illegally under Texas Law.

[txinvestigator]

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.

You are telling me that uniformed cops have entered with empty holsters?

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.

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.

[jbirds1210]

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.

[txinvestigator]

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.

Thank you.


On topc, I have been informed that the place the restricts cops is not in Texas. I have no idea how other states work, so I can offer no help there.

[flintknapper]

Being an organics shop he does not get many LEO's in his shop, other than holidays when they shop for their wives.

Good thing he doesn't own a donut shop!!!!

SDA's are health nuts. no meat, mostly organic home grown veggies. No TV, etc. They are sorta like Mennonites.


They are very anti-gun though

http://news.adventist.org/data/2001/01/ ... ex.html.en

For sake of clarity....I would like to state that the above is largely untrue.

SDA's do have a health message....and many practice good dietary habits, but roughly half of the world membership eat meat...there is no prohibition as a point of doctrine.

I do not personally know of any Adventists that do not have a TV or do not watch it. (Not on Sabbath except religious content)...but otherwise yes. Where do you think they get their news?

I will be happy to show you hundreds of Adventists who not only support your 2nd amendment rights, but own and shoot guns on a regular basis.

The link you posted is in reference to warring factions in the Solomon Islands, and has nothing to do with any position the church may have about firearms.

Lastly, they are really not anything like the Mennonite's. But that should get a good laugh at church this weekend.

Just wanted to make this clear.....I know its a bit off topic.

[Jason73]

FYI - The Taco Cabana at the corner of Western Center and N. Beach street in Ft Worth is NOT posted 30.06, however the place is so filthy I don't understand why anyone in their right mind would go there in the first place.

[srothstein]

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.

[flintknapper]

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.

[Liberty]

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.

If 30.06 would apply to LEOs I bet we would see fewer signs.

[lawrnk]

We are off topic. I should have said the SDA's in my wifes family. I cannot comment on them all. They are around a dozen. all clothes hand made, no TV's, playing cards are evil, absolutely no meat. So my bad, I did not mean to include every SDA. Regarding the Mennonites, I was referring to their lifestyles, not beliefs.
http://en.wikipedia.org/wiki/Seventh-da ... h_and_diet

Being an organics shop he does not get many LEO's in his shop, other than holidays when they shop for their wives.

Good thing he doesn't own a donut shop!!!!

SDA's are health nuts. no meat, mostly organic home grown veggies. No TV, etc. They are sorta like Mennonites.


They are very anti-gun though

http://news.adventist.org/data/2001/01/ ... ex.html.en

For sake of clarity....I would like to state that the above is largely untrue.

SDA's do have a health message....and many practice good dietary habits, but roughly half of the world membership eat meat...there is no prohibition as a point of doctrine.

I do not personally know of any Adventists that do not have a TV or do not watch it. (Not on Sabbath except religious content)...but otherwise yes. Where do you think they get their news?

I will be happy to show you hundreds of Adventists who not only support your 2nd amendment rights, but own and shoot guns on a regular basis.

The link you posted is in reference to warring factions in the Solomon Islands, and has nothing to do with any position the church may have about firearms.

Lastly, they are really not anything like the Mennonite's. But that should get a good laugh at church this weekend.

Just wanted to make this clear.....I know its a bit off topic.

[lawrnk]

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.

If 30.06 would apply to LEOs I bet we would see fewer signs.

Of course I am a new CHL, but even if texas3006.com is incomplete, it appears the tiniest minority of places post a 30.06 sign. And seeing as it has been around about what, 10 years? I am really glad to see that most businesses do not post the sign. Part of me wonders if they are simply unaware of the law, or just don't care either way.

[flintknapper]

We are off topic. I should have said the SDA's in my wifes family. I cannot comment on them all. They are around a dozen. all clothes hand made, no TV's, playing cards are evil, absolutely no meat. So my bad, I did not mean to include every SDA. Regarding the Mennonites, I was referring to their lifestyles, not beliefs.
http://en.wikipedia.org/wiki/Seventh-da ... h_and_diet

Being an organics shop he does not get many LEO's in his shop, other than holidays when they shop for their wives.

Good thing he doesn't own a donut shop!!!!

SDA's are health nuts. no meat, mostly organic home grown veggies. No TV, etc. They are sorta like Mennonites.


They are very anti-gun though

http://news.adventist.org/data/2001/01/ ... ex.html.en

For sake of clarity....I would like to state that the above is largely untrue.

SDA's do have a health message....and many practice good dietary habits, but roughly half of the world membership eat meat...there is no prohibition as a point of doctrine.

I do not personally know of any Adventists that do not have a TV or do not watch it. (Not on Sabbath except religious content)...but otherwise yes. Where do you think they get their news?

I will be happy to show you hundreds of Adventists who not only support your 2nd amendment rights, but own and shoot guns on a regular basis.

The link you posted is in reference to warring factions in the Solomon Islands, and has nothing to do with any position the church may have about firearms.

Lastly, they are really not anything like the Mennonite's. But that should get a good laugh at church this weekend.

Just wanted to make this clear.....I know its a bit off topic.

Well, you can find extremism in anything....thats for sure.

If that has been your only exposure to SDA's then I can understand how you might draw the conclusion.

I can tell you however, that most SDA's are pretty ordinary folks.

I am an ordained Deacon of an SDA church, but I appreciate the link just the same.

Anyway, back on topic now.

[stevie_d_64]

FYI - The Taco Cabana at the corner of Western Center and N. Beach street in Ft Worth is NOT posted 30.06, however the place is so filthy I don't understand why anyone in their right mind would go there in the first place.

In a way this post kinda says more than the applicability of this 30.06 to LEO's or not...

I still like the Papusa's though...

[fisherchris]

I stumbled across the original Taco Cabana #1 this weekend on Hildebrand Ave. in San Antonio. I was killing some time waiting on my wife so I parked and went up to the door.

Strangely enough, there were no signs or any "no gun" language whatsoever. I confirmed with the guy at the counter that they are the original TC location and are owned by the company.

They did have a different layout than the all the other TC restaurants since it is in an old gas station. You walk in the door to order and pay, pick up your food, then go and sit outside on the patio. There is no indoor seating but I would imagine they could enforce 30.06 on the patio if they wanted.