Smashburger in Cedar Park Prohibits Open Carry

[Renegade]

I just demonstrated how it allows open carry.

It does not allow OC. a CHL with a handgun who is also OCing will not trigger the loss of license. But a CHL OCing is in violation of their 30.05 notice and is at risk of 30.05.

(4) who possesses a concealed handgun of the same category the person is licensed to carry under Subchapter H, Chapter 411, Government Code, unless the person is on the premises of a business described by Section 46.035(b)(1), Penal Code.

 

[oohrah]

We have this in Waco also. They are a TABC blue sign, but the sign is posted back by the counter, so you wouldn't necessarily see it upon entering the front door. Legal OC cannot carry here because of the TABC Blue sign, so it's just a warning. Has nothing to do with CHLers. I wonder why they just don't post their blue sign at the front door like liquor stores and other establishments do. That would take care of it. Maybe they are trying to make a political statement.

 

[Flewda]

Where is this place located? Never heard of them before. The wife and I are always going to either Mighty Fine or Moonies for burgers in the area. Would be nice to have another option.

 

[txinvestigator]

I just demonstrated how it allows open carry.

No you didn't, and no it doesn't

 

[Dash Riprock]

Where is this place located? Never heard of them before. The wife and I are always going to either Mighty Fine or Moonies for burgers in the area. Would be nice to have another option.

It's in that new center just north of Lakeline Mall, right in front of the new Alamo Draft House theater.

 

[Dash Riprock]

We have this in Waco also. They are a TABC blue sign, but the sign is posted back by the counter, so you wouldn't necessarily see it upon entering the front door. Legal OC cannot carry here because of the TABC Blue sign, so it's just a warning. Has nothing to do with CHLers. I wonder why they just don't post their blue sign at the front door like liquor stores and other establishments do. That would take care of it. Maybe they are trying to make a political statement.

I assume they are trying to avoid a Starbucks type situation, where they don't want to restrict anybody's rights but don't want to become a rally point for Open Carriers, either. Not sure why they think they would be, but whatever.

I also wonder why they didn't just post the required blue sign and leave it at that. You pretty much have to assume that if they went to the trouble of researching and posting this sign and not the 30.06 that they are supportive of concealed carry.

 

[RACER X]

Meh, I like 5 guys better anyways

 

[tx_transplant]

My guess, FWIW, is that they are trying to let the OCers know ahead of time that they as a TABC licensed business are prohibited from allowing long guns into the store. By rights, anyone carrying a long gun should be asked to remove the firearm from the premises, and this sign may be a way to reduce the need to directly tell someone. To me, it gets a little more to the point than the standard blue sign that we tend to walk by without thought.

 

[MR2Aaron]

Stolen from a thread on Glocktalk, I present the following:

View attachment 27135

TABC 11.61(e) talks about a ABC license being revoked it the owner allows someone to carry who shouldn't, exempting peace officers, CHL holders, etc.

HB700, which died in committee in the 83rd legislative session, sought to amend this with language covering both open and concealed carry.

In either case, it's improper signage and should be reported to TABC. If they have an on-premise license, they need the blue signage posted.

Wouldn't open carry be illegal anyway?

Or is this meant to cover someone walking around with a rifle?

 

[coachrick]

Where is this place located? Never heard of them before. The wife and I are always going to either Mighty Fine or Moonies for burgers in the area. Would be nice to have another option.

Sadly, I'm cutting down on white carb sources when I can...Moonie's buns are great...fries are excellent. Buns at Smashburger are OK...both styles of fries are very good. What's a guy to do? We're still about 6:1 Moonies over any other $6 burger...just wish their iced tea tasted as good as the food.

 

[Dash Riprock]

Wouldn't open carry be illegal anyway?

Or is this meant to cover someone walking around with a rifle?

As I understand it, both would be illegal, so really the sign is kinda pointless, right? I dunno

 

[Mreed911]

Sadly, I'm cutting down on white carb sources when I can...Moonie's buns are great...fries are excellent. Buns at Smashburger are OK...both styles of fries are very good. What's a guy to do? We're still about 6:1 Moonies over any other $6 burger...just wish their iced tea tasted as good as the food.

Lettuce wrap burgers at P Terrys and Five Guys. I speak as someone eating Paleo right now...

 

[coachrick]

Lettuce wrap burgers at P Terrys and Five Guys. I speak as someone eating Paleo right now...

Thanks...I understand the concept...but those sweet buns at Moonies are sooooo good! Totally different from the sweet 'other parts' we saw at Twin Peaks a couple of Fridays ago.

 

[Dash Riprock]

In & Out is very good, also. Ask for "protein style" if you don't want a bun, and "animal style" if you want them to smear mustard on your patty before they cook it. And order the fries "well done".

 

[A.Texas.Yankee]

No you didn't, and no it doesn't

Normally these things are sometimes hard to understand but TXI skills shouldn't be needed for this one.

This one seems pretty easy to figure out guys... You can't open carry at a place that sells alcohol... Same reason you can't go in a Walmart or grocery store and open carry. This sign ONLY applies to open carry of ANY firearm, NOT concealed carry by someone with a valid CHL since it's not a 51%establishment. So CHL concealed carry here all you want.

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[jordanmills]

There are two issues here.

1) The sign is effectively 30.05 notice for no OC of anything.

2) How they can lose their license. CHLs carrying on premises do not trigger the loss of license clause.

It does not allow OC. a CHL with a handgun who is also OCing will not trigger the loss of license. But a CHL OCing is in violation of their 30.05 notice and is at risk of 30.05.

(4) who possesses a concealed handgun of the same category the person is licensed to carry under Subchapter H, Chapter 411, Government Code, unless the person is on the premises of a business described by Section 46.035(b)(1), Penal Code.

I'm not sure it is effective 30.05 notice. Otherwise I agree.

 

[jordanmills]

I assume they are trying to avoid a Starbucks type situation, where they don't want to restrict anybody's rights but don't want to become a rally point for Open Carriers, either. Not sure why they think they would be, but whatever.

I also wonder why they didn't just post the required blue sign and leave it at that. You pretty much have to assume that if they went to the trouble of researching and posting this sign and not the 30.06 that they are supportive of concealed carry.

Actually since they have a TABC license, there is a potential direct impact on their business status. Allowing OC without one of the listed exemptions (which includes the CHL exemption) can result in TABC revoking their license to sell alcohol.

 

[jordanmills]

No you didn't, and no it doesn't

It's right there in the law, dude.

 

[stdreb27]

This is the signage they've gotta post by tabc


If a business like smash burger doesn't post it, they don't get their booze license.

IMO any interpretation other than don't carry a gun in there unless carrying with a chl, law enforcement, carrying as a supervisor or security guard, you're looking for trouble.

 

[Gunns0902]

Smash burger is yummy. But 5 guys Is better.

Blasphemy.....I love those jalapeño burgers.



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