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by govtman
Sat Feb 12, 2005 3:48 am
Forum: General Texas CHL Discussion
Topic: carry by county prosecutors
Replies: 4
Views: 2741

Re: carry by county prosecutors

center mass wrote:Does anyone know what the status is for ass't county prosecutors concerning concealed carry? Are they considered LEO's under the law?
Are they required to apply for a CHL permit in order to carry? I know that they deal with the same scary characters that the police arrest every day. If it were me I would be armed like a Barbary pirate from the time I woke up 'til I went to sleep!
Generally, prosecutors will need a CHL to carry, because they are not peace officers. See Code of Criminal Procedure Article 2.12 for a complete list of all types of peace officers in the State of Texas.
dolanp wrote:If they prosecute felonies then they qualify under "Active judicial officer" by § 411.201(h). The fee is waived and there are other special rules and exclusions for them under the same section.
Prosecutors are not “active judicial officers�. Government Code §411.201(a)(1) states, “'Active judicial officer' means a person serving as a judge or justice of the supreme court, the court of criminal appeals, a court of appeals, a district court, a criminal district court, a constitutional county court, a statutory county court, a justice court, or a municipal court.�

GC §411.201(h) allows elected felony prosecutors to obtain CHLs, if they meet the same requirements that an “active judicial officer� must meet. However, assistant CAs are not elected and the CA's office usually does not prosecute felonies anyways.

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