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  • Reserves and Off-Duty Carry

    I did a search on this and could find nothing, so I apologize if this has been asked before.

    I was a full time peace officer, but now work in the private sector. I still reserve for a small town to keep my commission up. My chief told me that he had no problem with me carrying off-duty, and I always understood that reserves could carry off duty.

    I know that in 2.12 CCP and Chapter 46 PC it discusses who peace officers are and who the weapons limits do not apply to. Does the Occupations Code make any differences in off-duty carry? Do I need a letter from my chief?

    Thanks!

  • #2
    I carry off duty amost every time I leave the house. I'm reserving at my local PD, have since '01 pretty much. You're still a licensed peace officer, whether full-time or reserve. I always have my badge and the new TCLEOSE ID on me, just incase I need to show it to anyone (we don't have department ID's..saves the dept. a dollar or two I guess).

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    • #3
      Most of our reserves carry off duty. I've never looked it up, I just assume it is legal. I would never hassle as reserve for off duty carry.

      Originally posted by josephcook78 View Post
      I carry off duty amost every time I leave the house. I'm reserving at my local PD, have since '01 pretty much. You're still a licensed peace officer, whether full-time or reserve. I always have my badge and the new TCLEOSE ID on me, just incase I need to show it to anyone (we don't have department ID's..saves the dept. a dollar or two I guess).
      I can't believe you're agency doesn’t issue photo id's. Badges are too easy to get your hands on and a TCLEOSE Id only tells me you have been a peace officer at one time. Anything could have happened since a TCLEOSE Id is issued. An agency will take their Id back if something happens, TCLEOSE won't. Also a picture Id issued by the employing agency is required to carry under HR218. They should issue all peace officers in the agency an Id card for that reason alone.

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      • #4
        Originally posted by 3441 View Post
        Most of our reserves carry off duty. I've never looked it up, I just assume it is legal. I would never hassle as reserve for off duty carry.



        I can't believe you're agency doesn’t issue photo id's. Badges are too easy to get your hands on and a TCLEOSE Id only tells me you have been a peace officer at one time. Anything could have happened since a TCLEOSE Id is issued. An agency will take their Id back if something happens, TCLEOSE won't. Also a picture Id issued by the employing agency is required to carry under HR218. They should issue all peace officers in the agency an Id card for that reason alone.
        I know, it doesn't make sense to me either. My Sgt. mentioned a few weeks ago that he was going to "try" to get ID's for everybody, hasn't happened yet. Luckily most officers around here knows each other.

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        • #5
          Originally posted by josephcook78 View Post
          I carry off duty amost every time I leave the house. I'm reserving at my local PD, have since '01 pretty much. You're still a licensed peace officer, whether full-time or reserve. I always have my badge and the new TCLEOSE ID on me, just incase I need to show it to anyone (we don't have department ID's..saves the dept. a dollar or two I guess).
          Yes, reserves are fully licensed peace officers. We can carry off duty, and I rarely leave my apartment without it.


          My pd doesn't have agency ID's either. I'm tired of bringing it up, so I just dropped the issue. If there is any question, they can verify it with a phone call or just run my PID#
          I yell "PIKACHU" before I tase someone.

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          • #6
            Is this for open carry or concealed?

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            • #7
              Originally posted by REDBLITZ View Post
              Is this for open carry or concealed?
              I carry concealed. I don't want any attention drawn to me when I'm out and about minding my own business.

              Comment


              • #8
                Either way. You can carry open or concealed, depending on your department regulations. My PD says concealed, or open with your badge on your waist next to your weapon.

                Look in the Code of Criminal Procedure under "Who Are Peace Oifficers" it says officers, constables, sheriffs, and their reserves. You are covered under the CCP to carry.

                However, some larger departments will not give any authority to their reserves or allow them to carry off duty. I think Ft Worth does that. Retarded policy in my book, especially if you come in contact with someone you arrested, while you are off duty.
                I yell "PIKACHU" before I tase someone.

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                • #9
                  I didn't want to put my foot in my mouth before but I was almost sure there was a law stating that the agency shall issue Id cards. I found it... Texas Goverment Code 614 Subchapter 8

                  Here is the part covering Reserve Officers

                  Sec. 614.123. RESERVE LAW ENFORCEMENT OFFICER. (a) The law enforcement agency or other governmental entity that appoints or employs a reserve law enforcement officer shall issue an identification card to its reserve law enforcement officers.(b) The identification card must include1) the full name of the reserve law enforcement officer;(2) a photograph of the reserve law enforcement officer consistent with the reserve law enforcement officer's appearance;(3) the name of the law enforcement agency or other governmental entity that appointed or employs the reserve law enforcement officer;(4) if applicable, the signature of the person appointing or employing the person as a reserve law enforcement officer on behalf of the law enforcement agency or other governmental entity;(5) a brief description of the reserve law enforcement officer, including the reserve law enforcement officer's height, weight, and eye color;(6) the thumbprint of the reserve law enforcement officer or a bar code with a unique identification label for the reserve law enforcement officer;(7) the date the law enforcement agency or other governmental entity appointed or employed the reserve law enforcement officer;(8) the date the law enforcement agency or other governmental entity issued the card to the reserve law enforcement officer; and(9) a phone number operational 24 hours a day, seven days a week that a person may call to verify the validity of the identification card.(c) On the identification card, the law enforcement agency or other governmental entity that issues the card shall print1) "State of Texas" and the state seal; and(2) "This identification card certifies that (insert name of reserve law enforcement officer) is commissioned by (insert name of law enforcement agency or other governmental entity that appoints or employs the reserve law enforcement officer) as a reserve law enforcement officer."(d) The head of a law enforcement agency or other governmental entity that appoints or employs a reserve law enforcement officer shall recover the identification card at the time of the reserve law enforcement officer's resignation or termination.
                  Added by Acts 2007, 80th Leg., R.S., Ch. 938, Sec. 1, eff. September 1, 2007.

                  I'm not sure why the sad faces appeared when I cut and pasted...

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                  • #10
                    It says that for F/T officers as well. My take on it is the judge swore me in, take it up with them. The other F/T officer for my PD doesn't have an agency ID either.
                    I yell "PIKACHU" before I tase someone.

                    Comment


                    • #11
                      Originally posted by Rudy8116 View Post
                      It says that for F/T officers as well. My take on it is the judge swore me in, take it up with them. The other F/T officer for my PD doesn't have an agency ID either.
                      That aint good...

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                      • #12
                        I may try to bring it up again. I think I have a solution.
                        I yell "PIKACHU" before I tase someone.

                        Comment


                        • #13
                          I don't think carrying out of uniform is an issue for reserves inside the state, not sure if the federal carry applies to reserves though.

                          Just my opinion, but I would never open carry off duty. You give yourself the option of waiting to deploy until it's to your tactical advantage if it's concealed.

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                          • #14
                            I don't think carrying out of state is an issue since reserves are fully empowered by the CCP. Now, in other states, they aren't so then that would become a problem if they wanted to carry out of state.

                            And +50 on the advantage of being concealed statement Nefto.
                            I yell "PIKACHU" before I tase someone.

                            Comment


                            • #15
                              For those that don't have an offical ID, maybe someone should print out the statue that says a dept/agency must issue an offical identification to contain the state of texas seal, dept name, 24/7 phone number, etc........

                              If they refuse, maybe a secret phone call to TCLEOSE will remedy that. After all, a badge is nothing without an offical ID.
                              "Blessed are the peacemakers, for they will be called Sons of God - Matthew 5:9

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