POLICE OFFICER ASKED TO LEAVE RESTAURANT FOR CARRYING WEAPON

Restaurant’s mistake demonstrates need for education on State Gun Law 

San Antonio, TX – On Saturday, July 27th, a San Antonio Police Officer was asked to leave Fogo de Chao Brazilian Steakhouse by a restaurant manager because he was carrying his police-issued handgun. While the Officer knew he was within his legal rights to carry his weapon, he left the restaurant because he did not want to cause a disturbance to other diners.

Fogo de Chao Brazilian Steakhouse has since offered an apology for the incident and acknowledged that “a member of our team made the wrong call,” and that they “support, respect and appreciate everything our law enforcement does to keep each and every one of us safe, day in and day out.”

“We thank the owners of Fogo de Chao Brazilian Steakhouse for acknowledging the mistake by one of their employees and for issuing a statement of support of San Antonio Police Officers,” said Michael Helle, President of the San Antonio Police Officers Association. “While we hope this wasn’t an example of anti-police bias, at the very least this incident shows that public-serving establishments need to be better educated about state gun laws, particularly as they apply to Police Officers.”

Under the Texas Code of Criminal Procedure:

“An establishment serving the public may not prohibit or otherwise restrict a peace officer or special investigator from carrying on the establishment’s premises a weapon that the peace officer or special investigator is otherwise authorized to carry, regardless of whether the peace officer or special investigator is engaged in the actual discharge of the officer’s or investigator’s duties while carrying the weapon.”

This includes:

  • Hotels, motels, or other places of lodging;
  • Retail businesses or other commercial establishments or an office building to which the general public is invited;
  • Sports venue;  and
  • Any other places of public accommodation, amusement, convenience, or resort to which the general public or any classification of persons from the general public is regularly, normally, or customarily invited.

Source: https://codes.findlaw.com/tx/code-of-criminal-procedure/crim-ptx-crim-pro-art-2-1305.html

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