Spotted ANOTHER 30.06 sign.... ***sigh***

[biggiesmalls]

i read those threads a while back about alamo draft houses all over texas posting 30.06 signs, and there was an outrage and "movement" to boycott them. i'm not big on overpriced movies so i easily boycotted this "anti" establishment, but today i spotted one in front of my favorite taco cabana! has it been common knowledge for a while that taco c. is anti or is this a shocker? is this a corporate policy or are they franchised? anyone else see one in front of a taco cabana? i lived in houston and dallas for 20 years without ever eating at a taco cabana, but here in austin there's one in every corner so im gonna go check out the rest. also i've been eating at this particular one for 3 years now and all this while i never noticed it, so i'm pretty sure i may have carried illegally :banghead:




(i know my post assumes that people who hang up 30.06 signs are anti, but i've found that that's generally a good assumption. i realize that it's their business and their property and they have the right to exert their will, but essentially i see a 30.06 as a "gun free zone" and we all know how we feel about that...)

 

[alistaire]

30.06?? Does this mean you can only carry weapons chambered in 30-06?

 

[Seancass]

I have never heard of the 30.06 sign.

 

[mr.72]

"30.06 sign" is the slang term used commonly by TX CHL holders to refer to a legally-compliant no-guns sign, which is defined by the Texas Penal Code section 30.06.

Taco Cabana is a well-known 30.06-posting place, although I think at many of them their signs are not compliant.

 

[lanternlad1]

In Texas, the statute that forbids CHL carriers from carrying a weapon on site even with a license is Texas Penal Code section 30.06. Ironic, I know. But if a premises posts this sign outside of their establishment, you can't carry there. Period. The sign HAS to be done a certain way, tho. They have to reprint the ENTIRE statute, in English AND Spanish, with letters that are a minimum of ONE INCH HIGH, on a HIGH CONTRAST background (black on white, white on black, etc - frosted letters on a glass door don't qualify IMO). The result is a sign that stands about four feet tall and two feet wide. IF the sign isn't done just so, it's not valid. (All of this is written in the statute itself)
Many businesses will put a blurb on the window stating "Under TX Statute 30.06, can't carry your gun in here." or some such, but those signs aren't valid, and you can carry there anyway.

No loss on a Taco Cabana tho. I never eat there anyway - I think the food sucks. But I can't go to Traders Village anymore, which is too bad. And if there is a place one should carry, its Traders Village.

 

[Wedge]

Remember, that a logical, polite letter will do more than just telling them that you are boycotting because they won't let you carry.

The Alamo was ignorance on their part (I believe they thought it was required because they served Alcohol) and the signs came down. There is a good chance that is the case at Taco Cabana for the same reason.

I would NOT go into the case that they have an illegally worded, presented sign and that you will carry there anyways, etc. etc. If they truly are huge anti's you don't need to tell them that the sign they have has no legal bearing and won't stop you from carrying.

The old adage you get more flies with honey than vinegar is very true, especially in an emotionally charged argument/position such as concealed carry.

 

[HKUSP45C]

No loss on a Taco Cabana tho. I never eat there anyway - I think the food sucks. But I can't go to Traders Village anymore, which is too bad. And if there is a place one should carry, its Traders Village.

I'll agree with you on the Taco Cabana food, I haven't eaten there in 10 years and didn't need to start boycotting them any more than I can start boycotting Ferrari.

However, regarding Trader's Village I'll take two issues with your statement. First the one in Houston (You may be talking about the Grand Prairie location) is posted 30.05 Non-Compliant and a couple of "gun buster" signs. The second point I'd like to make is that the Houston location is one of the nicest, cleanest, most well patrolled and decent Flea Markets it has ever been my pleasure to visit. And I do. I probably go to the Houston location 3-4 times a month, almost every weekend.

Since I'm assuming you're talking about the Grand Prairie location, what is it, specifically, that makes you feel the need to carry there more than other places? Having never been there I'm curious what could make two places owned by the same proprietor so shockingly disparate in operation.

 

[csmkersh]

The 30.06 signs are a Texas thing.

Tx PC § 30.06. TRESPASS BY HOLDER OF LICENSE TO CARRY CONCEALED HANDGUN is the only legal way to ban a CHL holder from a business. The generic "no gunz" signs are immaterial under law, but are all the prodding I need to do business elsewhere.
​

 

[Drgong]

What we need to do is print out a bunch of "CCW carriers WELCOME" and put up some signs

 

[DFW1911]

Per the Taco Cabana website:

Taco Cabana is owned by Carrols Corporation of Syracuse, N.Y., one of the largest restaurant companies in the U.S., owns, operates and franchises more than 540 restaurants under the Burger King®, Pollo Tropical®, Taco Cabana® brands. Carrols operates in 16 states, employs over 16,000 people and has sales of approximately $750 million.

Home Office:
Taco Cabana
8918 Tesoro
San Antonio, TX 78217
210-804-0990

Links:
Taco Cabana: http://www.tacocabana.com/company/history.asp
Carrols: http://www.carrols.com/

May be time to speak or write to someone in New York.

Take care,
DFW1911

 

[bdickens]

Taco Cabana is famous for their near 30.06 signs. None to my knowledge meet the requirements of the law. Use your own best judgment.

 

[SaxonPig]

Here in AR a business can post a no carry sign and there are no legal specifications (as in TX) as to the size, etc. As long as you can read it, it's legally binding.

In the 7+ years I have lived here, I have only seen one such sign and it was so old and weathered it must have predated the passage of the carry law in the early 1990s. The sign was on the newspaper building entrance. Now, the local paper is one of the better ones I have seen for fair reporting on guns and the editorial policy is actually fairly pro-gun so the sign surprised me.

I wrote to the editor noting that criminals would certainly ignore the sign so with only the law-abiding disarmed the building became a killing zone for any lunatic who wanted to open fire as nobody would be able to defend against such an attack.

The next week the sign was gone.

 

[Drgong]

Keep thinking I need to move to Arizona, seems that they have logical thinking about guns, not that the NC mountains is bad.

 

[Caipirinha]

Yep, Taco Cabanas are pretty much blacklisted by CHL'ers. Figures that they're headquartered in New York. Reminds me of that old Pace picante "get a rope" commercial.

 

[TehK1w1]

I'm suprised nobody's pointed out texas3006.com yet, so I'll throw that out there. It's a database of 30.06 signs in Texas, with listings added by people like us There are currently 15 Taco Cabana listings there, with an Austin list on 517 W. MLK Blvd-is that your restaurant? If not, add yours!

EDIT: I would add that a VALID 51% sign is also a lawful way to bar entry to CHL holders
(Under Texas law, it is illegal for a CHL holder to carry into an establishment that makes 51% or more of it's revenue from liquor sales for on-site consumption. Ironically enough, the 51% is also valid at hospitals...)

 

[csmkersh]

EDIT: I would add that a VALID 51% sign is also a lawful way to bar entry to CHL holders
(Under Texas law, it is illegal for a CHL holder to carry into an establishment that makes 51% or more of it's revenue from liquor sales for on-site consumption. Ironically enough, the 51% is also valid at hospitals...

While the hospital 51% sign was once valid way of preventing carry at hospitals, nursing homes, etc, , that was cured in 1999 with SB 131.


​

 

[geojap]

i read those threads a while back about alamo draft houses all over texas posting 30.06 signs

This is actually not very accurate. One Alamo Drafthouse theater (the Lake Creek franchise in Austin) had a legal 30.06 sign. After much contact from folks who owned CHLs, the sign was taken down. The owner was actually confused about why she should want to post the sign after she was told some misleading information by the TABC. I actually go to the Lake Creek location because it's close to my house and I thank the management for removing the sign every time I visit.

I called the manager of the original Alamo Drafthouse location downtown on the day that all this news of the Alamo 30.06 sign broke on the internet. I explained to her why I was calling and she told me very strongly that she had no problem with legally licensed people carrying inside Alamo theaters. We had a very nice talk. I was able to explain to her some of the specifics of the laws so she was more informed about the situation (she didn't know anything about CHLs and 30.06 signs, except that she had gotten an enormous number of phone calls all day about it for some reason). I called all the other theater managers in Austin and found that none of them had plans to post a 30.06 sign, and furthermore none of them knew what a 30.06 sign was either. I explained to them that we were legally licensed individuals who had completed background checks and a training class, and who very much appreciated them not putting up a sign, etc.

I don't go to Taco Cabana. 15 years ago I had a bad experience at the MLK and Guadalupe location in Austin when I accidentally broke a glass bottle which I didn't see by sweeping the counter with my elbow and knocking the bottle off the counter. I offered to pay for it but she called the police and told them that she wanted me arrested because I was trying to steal something. The police asked me some questions and let me go, but I haven't been back to a Taco Cabana since.

 

[hoji]

.....

 

[hoji]

(i know my post assumes that people who hang up 30.06 signs are anti, but i've found that that's generally a good assumption. i realize that it's their business and their property and they have the right to exert their will, but essentially i see a 30.06 as a "gun free zone" and we all know how we feel about that...)

But do you go to the gun shows that post 30.06?

 

[neviander]

According to my CHL instructor, and if you read the wording of the 30.06 correctly, even if they have the proper sign posted and they somehow catch you carrying on the premises, all they can do is ask you to leave. The only way you would be breaking the law is if you didn't leave when they asked.

Sec. 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 Article 4413(29ee), Revised Statutes, on property of another without effective consent; and
(2) received notice that:
(A) entry on the property by a license holder with a concealed handgun was forbidden; or
(B) remaining on the property with a concealed handgun was forbidden and failed to depart.
(b) For purposes of this section, a person receives notice if the owner of the property or someone with apparent authority to act for the owner provides notice to the person by oral or written communication.
(c) In this section:
(1) "Entry" has the meaning assigned by Section 30.05(b).
(2) "License holder" has the meaning assigned by Section 46.035(f).
(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 Article 4413(29ee), Revised Statutes (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.
(d) An offense under this section is a Class A misdemeanor.

If you don't/can't see the sign and an employee at the door didn't notify you verbally of their no carry policy, they can't keep you from coming in, but they can ask you to leave.

The only places where this exception does NOT apply is: bars, amusement parks and schools.

 

[hoji]

(i know my post assumes that people who hang up 30.06 signs are anti, but i've found that that's generally a good assumption. i realize that it's their business and their property and they have the right to exert their will, but essentially i see a 30.06 as a "gun free zone" and we all know how we feel about that...)

But do you go to the gun shows that post 30.06?

 

[neviander]

duped thread accidentally

 

[hoji]

oops

 

[McKnife]

neviander According to my CHL instructor, and if you read the wording of the 30.06 correctly, even if they have the proper sign posted and they somehow catch you carrying on the premises, all they can do is ask you to leave. The only way you would be breaking the law is if you didn't leave when they asked.
Quote:
Sec. 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 Article 4413(29ee), Revised Statutes, on property of another without effective consent; and
(2) received notice that:
(A) entry on the property by a license holder with a concealed handgun was forbidden; or
(B) remaining on the property with a concealed handgun was forbidden and failed to depart.
(b) For purposes of this section, a person receives notice if the owner of the property or someone with apparent authority to act for the owner provides notice to the person by oral or written communication.
(c) In this section:
(1) "Entry" has the meaning assigned by Section 30.05(b).
(2) "License holder" has the meaning assigned by Section 46.035(f).
(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 Article 4413(29ee), Revised Statutes (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.
(d) An offense under this section is a Class A misdemeanor.
If you don't/can't see the sign and an employee at the door didn't notify you verbally of their no carry policy, they can't keep you from coming in, but they can ask you to leave.

The only places where this exception does NOT apply is: bars, amusement parks and schools.

I can't DISAGREE more... the whole purpose of a valid sign is to give notice by written communication to a CHLer that it is prohibited to carry there. By ignoring the sign and entering, you have just illegally trespassed by definition.

 

[shookwell]

According to my CHL instructor, and if you read the wording of the 30.06 correctly, even if they have the proper sign posted and they somehow catch you carrying on the premises, all they can do is ask you to leave. The only way you would be breaking the law is if you didn't leave when they asked.

Not entirely true. It says that posting the 10.06 sign is considered 'providing notice'. Therefore, if the sign is posted and you don't leave, you are already in violation.

It says you received notice if the owner provides notice by oral or written communication, and that the sign is considered written communication. So by posting the sign, they are already asking you to leave.

That's the way I read it, I don't know if there are any official opinions on this.