NFL says off duty LEO can't carry into games.

[txinvestigator]

There is no true answer to that question. In any police department there are the guys who follow the law, and there are some who wont enforce some laws, because of LEO status.

I think that they should, however, there is no guarantee they will. It depends on who gets the call, and who responds first. Police departments are not all made of like minded individuals who you can guarantee how they will react every time.

To what law are you referring?

 

[PhulesAu]

What will they do with all of the OFF DUTY officers they have, working extra jobs??

 

[Koinonia]

If the basis for refusing entry was the handgun, trespassing does not apply.

If I do not want a LEO coming into my place of business, and my rules are posted and available before a ticket for entry is sold, then I believe it would be, as I said above, an implied agreement to follow those rules, Off duty LEO or not. Nobody forced you to buy the ticket.


I am young and my understanding could very well be wrong!

Regarding laws: Anything an off duty LEO can get away with without a ticket, where I would be given a ticket in the same instance, is choosing when to enforce a law.

 

[txinvestigator]

If I do not want a LEO coming into my place of business, and my rules are posted and available before a ticket for entry is sold, then I believe it would be, as I said above, an implied agreement to follow those rules, Off duty LEO or not. Nobody forced you to buy the ticket.

"Rules" are not criminally enforceable in this situation, are they?

I am young and my understanding could very well be wrong!

Regarding laws: Anything an off duty LEO can get away with without a ticket, where I would be given a ticket in the same instance, is choosing when to enforce a law.

No, in this instance the LEO is not violating a law.

But let's talk about this

Anything an off duty LEO can get away with without a ticket, where I would be given a ticket in the same instance, is choosing when to enforce a law.

If a LEO pulls you over, he has discretion to write you or not, right?

 

[Koinonia]

"Rules" are not criminally enforceable in this situation, are they?

If a LEO pulls you over, he has discretion to write you or not, right?

No, but not following rules can get you kicked out of a lot of places. If your told to leave and you don't, regardless of the reason, that is trespass, no? That's what I guess i'm trying to say.

And the officer has the discretion, but if I get pulled over, I probably did something wrong - or a light on my vehicle is out. I think I ought to get the ticket - I broke the law!

 

[txinvestigator]

No, but not following rules can get you kicked out of a lot of places. If your told to leave and you don't, regardless of the reason, that is trespass, no? That's what I guess i'm trying to say.

That is incorrect and I showed you the law.

And the officer has the discretion, but if I get pulled over, I probably did something wrong - or a light on my vehicle is out. I think I ought to get the ticket - I broke the law!

Now I believe you are just being disingenuous.

 

[Younggun]

That is incorrect and I showed you the law.



Now I believe you are just being disingenuous.

Lets no beat around the bush or be difficult with each other.


Lets say an off duty officer comes to my house armed and I don't like guns. It seems like you are saying that we as ordinary piss any citizens must simply deal with it because our property right mean nothing. We have no say in if he stays or goes because he is an off duty cop.

Is this the case?

 

[txinvestigator]

Lets no beat around the bush or be difficult with each other.


Lets say an off duty officer comes to my house armed and I don't like guns. It seems like you are saying that we as ordinary piss any citizens must simply deal with it because our property right mean nothing. We have no say in if he stays or goes because he is an off duty cop.

Is this the case?

You can read as well I can. Rather than get pissy with me, read it for yourself.

 

[Younggun]

You can read as well I can. Rather than get pissy with me, read it for yourself.

I was not being pissy, simply asking a question you haven't not answered.

If I don't want an off duty LEO carrying on my property how can I have him removed.

Do they have the right to go anywhere they please and stay there simply because they feel like being there? Does that right trump my rights as a property owner?

You did not answer that question.

 

[Koinonia]

Now I believe you are just being disingenuous.

That is why i was confused, the private property owners rights thing. I know what the law says regarding criminal trespass now, thanks to your posts, but it just seems rather unfair about the double standard in the law.


Im not being disingenuous, im being honest. I have never been pulled over, and i know if i do, i probably broke a traffic law and expect to be punished with a ticket.

 

[Texan2]

I was not being pissy, simply asking a question you haven't not answered.

If I don't want an off duty LEO carrying on my property how can I have him removed.

Do they have the right to go anywhere they please and stay there simply because they feel like being there? Does that right trump my rights as a property owner?

You did not answer that question.

Your house is not open to the public or a substantial portion of the public. Same rules would not apply to your house as to a place open to the public (such as a stadium or a store, both private property but open to the public). You could ask an off duty cop to leave your house and he would be required to do so.

 

[Texan2]

Off duty has no more right than I do with a CHL.

Wrong.

 

[txinvestigator]

I was not being pissy, simply asking a question you haven't not answered.

If I don't want an off duty LEO carrying on my property how can I have him removed.

Do they have the right to go anywhere they please and stay there simply because they feel like being there? Does that right trump my rights as a property owner?

You did not answer that question.

You cannot trespass a LEO simply because of the gun. You can if you don't like his shirt, his harcut, his attitude, etc. Read the law and you have your answer.

 

[Koinonia]

You cannot trespass a LEO simply because of the gun. You can if you don't like his shirt, his harcut, his attitude, etc. Read the law and you have your answer.

That makes sense. I can agree with that.

 

[Shotgun Jeremy]

If the basis for refusing entry was the handgun, trespassing does not apply.

Hold on-so according to that law, all these businesses with improper "no guns/weapons" signs can't kick you out just for having a gun?


So when my local mall has "weapons not allowed" in their rules-they can't do anything about it if you slip up while shopping?

 

[txinvestigator]

Hold on-so according to that law, all these businesses with improper "no guns/weapons" signs can't kick you out just for having a gun?


So when my local mall has "weapons not allowed" in their rules-they can't do anything about it if you slip up while shopping?

We are not talking about 30.06. This discussion is about LEOs. 30.06 does not apply to them at all.

But to answer your question, 30.06 is effective if you are given notice. If a person with the apparent authority to act for the owner gives you verbal notice that carry is prohibited then you must leave with your handgun..or you can be charged with a violation.

 

[Hoji]

TXI is correct. 30.06 does not apply. Another take is, are LEOs really ever off duty ? They are subject to being called in at any time( notably SWAT units )

 

[karlac]

Politics and sports, games play people ...

 

[Driller]

I am sure someone will correct me if I am wrong but if you are a licensed peace officer in Texas you are required to uphold the law both on duty and off duty. That said you are strongly encouraged to carry off duty since you are potentially liable while protecting the public off duty. That said most LEO carry off duty anyway. I thought there was a time where off duty were required to carry at all times. My impression was that Texas required its licensed peace officers to carry at all times? Scenario: Off duty cop at a game at Texas stadium and bad guy kills someone in front of unarmed off duty officer. Is that LEO potentially liable for the harm done to the injured person because they should have been armed and able to deal with that situation? (After all they are a "Peace Officer") licensed by the state of Texas to maintain the peace.

 

[Texan2]

I am sure someone will correct me if I am wrong but if you are a licensed peace officer in Texas you are required to uphold the law both on duty and off duty. That said you are strongly encouraged to carry off duty since you are potentially liable while protecting the public off duty. That said most LEO carry off duty anyway. I thought there was a time where off duty were required to carry at all times. My impression was that Texas required its licensed peace officers to carry at all times? Scenario: Off duty cop at a game at Texas stadium and bad guy kills someone in front of unarmed off duty officer. Is that LEO potentially liable for the harm done to the injured person because they should have been armed and able to deal with that situation? (After all they are a "Peace Officer") licensed by the state of Texas to maintain the peace.

Officers are not REQUIRED to carry off duty. Officer is not liable for crimes that happen in his presence.

Note: I foresee some legal challenges to this absurd NFL policy.