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Texas LEOSA Question


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  • Texas LEOSA Question

    Question for our Texas legal experts.

    Texas Penal Code Sections 46.02 (Unlawful Carrying Weapons) and 46.03 (Places Weapons Prohibited) contain a number of exceptions, including exceptions for "peace officers" and "qualified retired law enforcement officers" (per Penal Code Section 46.15 below).

    It's pretty clear that "qualified retired law enforcement officers" tracks LEOSA. Does the use of the term "peace officers" as used in PC 46.02(a)(1) mean active out of state officers as well?


    Texas Penal Code Section 46.15

    "Sections 46.02 and 46.03 do not apply to:

    (a) (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….

    (5) an honorably retired peace officer, qualified retired law enforcement officer, federal criminal investigator, or former reserve law enforcement officer who holds a certificate of proficiency issued under Section 1701.357, Occupations Code, and is carrying a photo identification that is issued by a federal, state, or local law enforcement agency, as applicable, and that verifies that the officer is: (A) an honorably retired peace officer; (B) a qualified retired law enforcement officer….

  • #2
    I need to research but I'm pretty sure the "peace officer" as defined in TCoCP is referring to Texas peace officers exclusively.


    • #3
      I agree with you. Meaning that 46.15 created an exception for qualified retired law enforcement officers under LEOSA (who could be from out of State) but not for active out of State officers. Very strange. They should fix that.


      • #4
        I've actually been chasing this because of my own job. We are federal in TX but are currently not listed in 2.122. "Peace officer" in the law refers to officers licensed through TCOLE. It does not refer to out of state. However, LEOSA supercedes the state law allowing carry under your LEOSA creditials but you are limited to where you can carry much the same as a CHL holder. The state currently has no law that provides exemptions or deals with LEOSA itself.

        I'm attempting to get 2.122 to become more encompassing but that's a long and arduous process. I'll be honest, that I've dealt with, most officers wont question if you are an out of state officer. You always get those one or two who want to make a point though and they are the ones to watch out for.


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