BONZER WOLF™

The Thin Blue Line #BlueLivesMatter

Previous Entry Share Next Entry
Retired Officers Concealed Carry in Texas under LEOSA
customs retired agent
bonzerwolf
Retired police officers and federal criminal investigators issued the Retired Officer's Proficiency card by the State of Texas can carry anywhere in Texas, except where federal law prohibits (airplanes, federal buildings & facilities).  Retired feds and locals in Texas can carry in the all the places mentioned in 46.02 & 46.03.

The only exception for carry on private property is Businesses that prohibit handguns by complying with 30.06:

In order to provide notice that entry on property by a license holder with a concealed handgun is forbidden, Penal Code Section 30.06(c)(3)(A) requires that a written communication contain the following language:

"PURSUANT TO SECTION 30.06, PENAL CODE (TRESPASS BY HOLDER OF A LICENSE TO CARRY A CONCEALED HANDGUN) A PERSON LICENSED UNDER SUBCHAPTER H, CHAPTER 411, GOVERNMENT CODE (CONCEALED HANDGUN LAW), MAY NOT ENTER THIS PROPERTY WITH A CONCEALED HANDGUN."

Penal Code Section 30.06(c)(3)(B) further states that a sign must meet the following requirements:

  1. includes the language described by Paragraph (A) in both English and Spanish;
  2. appears in contrasting colors with block letters at least one inch in height; and
  3. is displayed in a conspicuous manner clearly visible to the public.

Sec. 46.15. Nonapplicability
(a) Sections 46.02 and 46.03 do not apply to:
(1) peace officers or special investigators under Article 2.122, Code of Criminal Procedure, and neither section prohibits a peace officer or special investigator from carrying a weapon in this state, including in an establishment in this state serving the public, 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;
(2) parole officers and neither section prohibits an officer from carrying a weapon in this state if the officer is:
(A) engaged in the actual discharge of the officer's duties while carrying the weapon; and
(B) in compliance with policies and procedures adopted by the Texas Department of Criminal Justice regarding the possession of a weapon by an officer while on duty;
(3) community supervision and corrections department officers appointed or employed under Section 76.004, Government Code, and neither section prohibits an officer from carrying a weapon in this state if the officer is:
(A) engaged in the actual discharge of the officer's duties while carrying the weapon; and
(B) authorized to carry a weapon under Section 76.0051, Government Code;
(4) a judge or justice of a federal court, the supreme court, the court of criminal appeals, a court of appeals, a district court, a criminal district court, a constitutional county court, a statutory county court, a justice court, or a municipal court who is licensed to carry a concealed handgun under Subchapter H, Chapter 411, Government Code;
(5) an honorably retired peace officer or federal criminal investigator who holds a certificate of proficiency issued under Section 1701.357, Occupations Code, and is carrying a photo identification that:
(A) verifies that the officer honorably retired after not less than 15 years of service as a commissioned officer; and
(B) is issued by a state or local law enforcement agency; or
(6) a district attorney, criminal district attorney, or county attorney who is licensed to carry a concealed handgun under Subchapter H, Chapter 411, Government Code.

Sec. 46.02. Unlawful Carrying Weapons
(a) A person commits an offense if he intentionally, knowingly, or recklessly carries on or about his person a handgun, illegal knife, or club.
(b) Except as provided by Subsection (c), an offense under this section is a Class A misdemeanor.
(c) An offense under this section is a felony of the third degree if the offense is committed on any premises licensed or issued a permit by this state for the sale of alcoholic beverages.

Sec. 46.03. Places Weapons Prohibited
(a) A person commits an offense if the person intentionally, knowingly, or recklessly possesses or goes with a firearm, illegal knife, club, or prohibited weapon listed in Section 46.05(a):
(1) on the physical premises of a school or educational institution, any grounds or building on which an activity sponsored by a school or educational institution is being conducted, or a passenger transportation vehicle of a school or educational institution, whether the school or educational institution is public or private, unless pursuant to written regulations or written authorization of the institution;
(2) on the premises of a polling place on the day of an election or while early voting is in progress;
(3) on the premises of any government court or offices utilized by the court, unless pursuant to written regulations or written authorization of the court;
(4) on the premises of a racetrack;
(5) in or into a secured area of an airport; or
(6) within 1,000 feet of premises the location of which is designated by the Texas Department of Criminal Justice as a place of execution under Article 43.19, Code of Criminal Procedure, on a day that a sentence of death is set to be imposed on the designated premises and the person received notice that:
(A) going within 1,000 feet of the premises with a weapon listed under this subsection was prohibited; or
(B) possessing a weapon listed under this subsection within 1,000 feet of the premises was prohibited.
(b) It is a defense to prosecution under Subsections (a)(1)-(4) that the actor possessed a firearm while in the actual discharge of his official duties as a member of the armed forces or national guard or a guard employed by a penal institution, or an officer of the court.
(c) In this section:
(1) "Premises" has the meaning assigned by Section 46.035.
(2) "Secured area" means an area of an airport terminal building to which access is controlled by the inspection of persons and property under federal law.
(d) It is a defense to prosecution under Subsection (a)(5) that the actor possessed a firearm or club while traveling to or from the actor's place of assignment or in the actual discharge of duties as:
(1) a member of the armed forces or national guard;
(2) a guard employed by a penal institution; or
(3) a security officer commissioned by the Texas Board of Private Investigators and Private Security Agencies if:
(A) the actor is wearing a distinctive uniform; and
(B) the firearm or club is in plain view; or
(4) Deleted by Acts 1995, 74th Leg., ch. 318, Sec. 17, eff. Sept. 1, 1995.
(5) a security officer who holds a personal protection authorization under the Private Investigators and Private Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil Statutes).
(e) It is a defense to prosecution under Subsection (a)(5) that the actor checked all firearms as baggage in accordance with federal or state law or regulations before entering a secured area.
(f) It is not a defense to prosecution under this section that the actor possessed a handgun and was licensed to carry a concealed handgun under Subchapter H, Chapter 411, Government Code.
(g) An offense under this section is a third degree felony.
(h) It is a defense to prosecution under Subsection (a)(4) that the actor possessed a firearm or club while traveling to or from the actor's place of assignment or in the actual discharge of duties as a security officer commissioned by the Texas Board of Private Investigators and Private Security Agencies, if:
(1) the actor is wearing a distinctive uniform; and
(2) the firearm or club is in plain view.
(i) It is an exception to the application of Subsection (a)(6) that the actor possessed a firearm or club:
(1) while in a vehicle being driven on a public road; or
(2) at the actor's residence or place of employment.

www.statutes.legis.state.tx.us/Docs/PE/htm/PE.46.htm#46.15
Tags: , ,

  • 1

Texas Attorney General Clarification

I wrote the Texas Attorney General for clarification on this subject, and the response from that office follows:

"30.06 does not apply to 18 U.S.C. 926(c) and 30.06 makes no reference to it. What the "not be construed to supersede or limit the laws of any State" means is that 18 U.S.C. 926(c) is inapplicable when it conflicts with Texas law. For example, if a property owner knew a person was an 18 U.S.C. 926(c) carrier, he could forbid that person entry into his business and have that person arrested for trespassing if the person insisted that 18 U.S.C. 926(c) permitted him to enter the owner's property. If the 18 U.S.C. 926(c) carrier insisted on entering the property, he would be attempting to construe 18 U.S.C. 926(c) as superseding Texas trespass law, which is forbidden. 18 U.S.C. 926(c) is not in conflict with 30.06. While a property owner can still exclude an 18 U.S.C. 926(c) carrier from his property, he can only exclude under Texas trespass law, not under PC 30.06. An 18 U.S.C. 926(c) carrier is not subject to 30.06 but is subject to Texas trespass law and it would not be a defense that 18 U.S.C. 926(c) allows him/her to carry or that 30.06 does not apply to him/her if the property owner has told him he is not welcome on the property and asked him to leave the premises."


Re: Texas Attorney General Clarification

Can you provide a reference to this opinion, either by number or date or something? I haven't been able to find it on the Texas AG site and someone is wrong on the internet and I need to beat them over the head with this :-)

  • 1
?

Log in

No account? Create an account