Question for CHL Instructors

[Bithabus]

I think that is pretty close to what I said. It becomes an excercise in picking out the fine points, but to most laymen, certain weapons are illegal to possess, but cops carry them, therefore most folks would consider them "exempt".

We both know that isnt how the law specifically reads, but that is how it is interpreted and enforced.

In this case there is a huge difference. When not working, under 46.05, a cop is treated like any other citizen (which is the way it should be). I believe 46.05 is unjust and should be repealed but until that happens we're all in this together. I'm aware some cops are reluctant to bust other cops for certain offenses but that's another issue. By contrast to 46.05, of course, are 46.02 and 46.03 where we do see Peace Officers as "exempt" This is why cops can carry anywhere even off duty.

Texas Investigator is a stickler for specificity so I pointed out his error as courtesy. He enjoys sowing me that same courtesy, after all.

 

[MR Redneck]

On or off duty, I dont think a cop should be restricted from carrying anywhere. I dont think I should be restricted from carrying anywhere either. If the retired cops gets the same carry rights as active cops do, I would go with that option.
With the "extras" a retired cop gets, the CHL wouldn't even be an option for me, other than it being a " Get out of the NIX's free card".
Another Question, If a active Cop has official business on federal property, are they restricted from carrying weapons?

 

[txinvestigator]

Texas Investigator is a stickler for specificity so I pointed out his error as courtesy. He enjoys sowing me that same courtesy, after all.

It was an intentional error. I just didn't feel like getting into the whole defense to prosecution thing.

 

[Bithabus]

It was an intentional error. I just didn't feel like getting into the whole defense to prosecution thing.

I think the relevant difference is that the possession must be "incidental to the performance of his duty".

 

[Texan2]

Another Question, If a active Cop has official business on federal property, are they restricted from carrying weapons?

No...I regularly carry when visiting the FBI offices in San Antonio as well as when going to military bases.

 

[Texan2]

In this case there is a huge difference. When not working, under 46.05, a cop is treated like any other citizen (which is the way it should be).

Many department policies state officers are to be available 24/7 if needed, others say officers are always "on duty", whether on the clock or not......solves the problem of how that law is worded.

 

[Texan2]

If an affirmative defense exists in a scenario, no one is getting arrested, cop or not.

 

[Bithabus]

Many department policies state officers are to be available 24/7 if needed, others say officers are always "on duty", whether on the clock or not......solves the problem of how that law is worded.

Do Officers who are issued full auto weapons get to keep them at home? I've been curious about this.

 

[Texan2]

Do Officers who are issued full auto weapons get to keep them at home? I've been curious about this.

It varies from department to department. The departments that allow it (that I know of) require some type of "gun safe" type secure storage. I dont think alot of departments have full auto firearms unless you are on a SWAT team.

 

[Smokey Lonesome]

In a word, no. I have been in federal buildings, testified in federal court, FBI and ATF offices and was never prohibited from carrying.