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Texas Peace Officers and LTC

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  • Texas Peace Officers and LTC

    As I've always understood it, a Peace Officer WHO IS ALSO LICENSED UNDER CHAPTER 411 OF THE GOVERNMENT CODE (License to Carry) is prohibited from disobeying 30.06 and 30.07 signs when off duty. 46.15 exempts us from 46.02 (UCW) and 46.03 (Places Weapons Prohibited) but not 46.035 (Unlawful Carrying of a Handgun by License Holder). We are also exempted under 30.05 (Regular Criminal Trespass) as a result of section (i). However, there is no such exemption for off-duty Peace Officers under 30.06 and 30.07 if you're a license holder as defined by 46.035 carrying under the authority of Chapter 411. Someone, please show me where Peace Officers are exempt from 30.06 and 30.07 if they hold an LTC, because I don't see it. And don't even go there with LEOSA because 18 USC 926C(b) specifically states that LEOSA does not provide protection where a business posts signs such as 30.06 and 30.07 under state law to "prohibit or restrict the possession of concealed firearms on their property." I am aware of the Cowboys Stadium and NFL handgun rules that came out back in the day but that was concerning denying admittance due to the possession of a firearm under 30.05 (which, yes, we are exempt from). However, with the recent updates to LTC, I see no out for an officer who is off duty (and LTC) and tries to carry (concealed or not) into an establishment with 30.06 and 30.07 posted in the manner required by law. And no, I don't think any DA's office would ever really take the charge anyhow but that's beside the point. I'm looking for this exemption other coffee drinkers speak of during our safety meetings lol. I hope everyone has been well. Let's hear it!
    Last edited by eastwoodisme; 07-23-2018, 06:19 PM.

  • #2
    You are reading way too much into things.

    By what authority are you carrying? sure some officers get LTC licenses to protect them when they get suspended or such and lose their peace officer status until suspension is over. But, if you are carrying a firearm off duty as a Texas Peace Officer, you are bound by TPC 46.15...not the LTC.

    Comment


    • Rudy8116
      Rudy8116 commented
      Editing a comment
      This. That's the only reason to get a handgun license.

  • #3
    Originally posted by Kraut0783 View Post
    You are reading way too much into things.

    By what authority are you carrying? sure some officers get LTC licenses to protect them when they get suspended or such and lose their peace officer status until suspension is over. But, if you are carrying a firearm off duty as a Texas Peace Officer, you are bound by TPC 46.15...not the LTC.
    By what statutory authority have you formed this decision? That's what I'm interested in.

    Comment


    • #4
      Are you A Police?
      Now go home and get your shine box!

      Comment


      • Rudy8116
        Rudy8116 commented
        Editing a comment
        He claims he is, but his lack of knowledge from this and his white lights to the rear shed doubt on that claim.

    • #5
      While I thought the law was pretty clear....Texas Peace Officers authority to carry a firearm off duty is not derived from the CHL, or now, LTC laws. For example, see below.

      The statutory authority is TPC 46.15, according to the Texas Attorney General opinion letter dated 02/19/1997. The opinion letter was in response to a request for clarity if an amusement park may prohibit a peace officer from carrying a concealed handgun on park premises, the answer was no and some points clarified. Any updates to the LTC, does not change this, as it applies to peace officers.

      https://www.texasattorneygeneral.gov.../lo1997007.pdf

      Comment


      • Rudy8116
        Rudy8116 commented
        Editing a comment
        You thought correctly. The law is very clear on the issue.

    • #6
      Your authority to carry off duty is derived from your authority as a peace officer. LTC laws have nothing to do with your legal authority to carry. You should go talk to your academy instructor.
      I yell "PIKACHU" before I tase someone.

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      • #7
        Yep. I can’t believe it’s a discussion item...
        Now go home and get your shine box!

        Comment


        • #8
          I refuse to have a Texas LTC because I don't want an officer who may stop and run me to have information that I may be armed. I carry as an honorably retired Texas Peace Officer, but what sucks is that I have to travel hundreds of miles back to my former agency to qualify each year so I can continue to carry this way. I guess it is the price I have to pay to be more stealthy.

          In reference to your peace officer status, it takes precedence over UCW and PWP since you are covered under 46.15...on or off duty. If an officer has probable cause you are violating some LTC statute and doesn't know you are a peace officer, I guess you have a wish to go to jail.

          Comment


          • Kraut0783
            Kraut0783 commented
            Editing a comment
            Will your agency not honor a local or DPS agency qual?

        • #9
          Originally posted by angeredmgmt View Post
          I refuse to have a Texas LTC because I don't want an officer who may stop and run me to have information that I may be armed. I carry as an honorably retired Texas Peace Officer, but what sucks is that I have to travel hundreds of miles back to my former agency to qualify each year so I can continue to carry this way. I guess it is the price I have to pay to be more stealthy.

          In reference to your peace officer status, it takes precedence over UCW and PWP since you are covered under 46.15...on or off duty. If an officer has probable cause you are violating some LTC statute and doesn't know you are a peace officer, I guess you have a wish to go to jail.
          Since mine ends on the 21st of next month, I called the lady who handles that stuff at our HQ and our range master last Thursday, but I was only able to get their voice mail.

          Last year, they added more hoops to jump through like providing a document from my retirement plan that I'm getting a regular monthly retirement payment, a background check and I had to provide the document that said I was honorably retired from the agency(which is strange since they have that on file already). Before that, I just went to my range, qualified with the handguns I wanted to carry and then got my records section to print me out my new card.

          I'm hoping that I will be able to qualify with a local agency here, send my agency the documentation and then have them send me my new card since they have my last year documentation on file AND they can run a check on me from there. The trip back will cost me hundreds of dollars, wear and tear on my vehicle in addition to the time it takes since it takes at least a day or two for my agency head to sign off on the documents. Just thinking out loud, I think I even had to have that lady at HQ notarize one of the documents so that may be another reason I will probably have to go back anyway.

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