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by srothstein
Mon Jan 08, 2018 11:48 pm
Forum: General Texas CHL Discussion
Topic: LEOSA and TCOLE
Replies: 27
Views: 16861

Re: LEOSA and TCOLE

I can see that, Excalibur. I was thinking of people using the TCOLE card as their ID, not as their proof of qualification. TCOLE does call it an ID card and I was just pointing out that it is not sufficient for an ID card and that you needed the agency ID card.

Bryanmc, I was not saying TCOLE instructors cannot certify, just LTC instructors do not meet the law. As a matter of law, TCOLE officers must be able to certify officers IF their department adopts a policy allowing it. I guess you could get any officer to sign the form, but I think most would decline unless they were certified instructors. My point was that the TCOLE form asks if a LTC instructor was the certifying officer for weapons qualification but that this does not technically meet the state law. Since the federal law requires someone who can certify active officers, and an LTC cannot do that for TCOLE, then a qualification form signed by a LTC instructor would not be valid, in my opinion. Sorry if I was not clear in my statement about this point.
by srothstein
Mon Jan 08, 2018 2:13 am
Forum: General Texas CHL Discussion
Topic: LEOSA and TCOLE
Replies: 27
Views: 16861

Re: LEOSA and TCOLE

Bryanmc wrote:Interesting that this has been revived. I found it in a search with keywords LEOSA and TCOLE. I had a firearms instructor (state le and chl) tell me that the only valid leosa qualification card in Texas was the one issued by TCOLE. LEOSA says that you have to qualify to state standards by someone qualified to conduct the qual. I'm wondering if the state can actually requires that you have a card issued by TCOLE or a card issued by a state le instructor stating that you met standards is actually sufficient?
The firearms instructor told you wrong in many ways. When you actually read the law (18 USC 926B and 926C), the TCOLE issued card is invalid. Federal law requires you to have an ID card issued by the agency you work (or worked) for. Unless you were a TCOLE officer, the TCOLE card does not meet federal law.

But, there is a different aspect to consider. Texas law recognizes any retired ID card issued by a state, federal, or local law enforcement agency. It does not specify that it be the one you worked for. It does require you to have a Texas qualification form under the Occupations Code. That law contradicts the TCOLE form in one respect. The OC requires that the qualification be issued by a Texas law enforcement agency while TCOLE specifically allows it to be any licensed LTC instructor. This is an interesting contradiction when you think about it.

And most of the officers I know will recognize almost any ID card from a law enforcement agency without looking at the qualification form. Unless it was a bad shooting to begin with, in which case the DA might look at how you had the weapon. The real street world versus the law also can be an interesting contradiction.
by srothstein
Sun Jan 31, 2016 11:09 am
Forum: General Texas CHL Discussion
Topic: LEOSA and TCOLE
Replies: 27
Views: 16861

Re: LEOSA and TCOLE

You are not required to have the TCOLE ID. It is offered as a convenience to avoid having to prove qualification is you are stopped since it requires proof of your current qualification to get it issued. Some of the federal agencies were also thought to not be issuing credentials and this would allow those officers to carry.

I think the TCOLE ID might help in Texas since our police know that agency and may not recognize all of the federal agencies and their IDs. It would not help outside our state, for the same reason. I do not recommend it solely because of the $25 fee for it that you would need to pay each year. That seems excessive for me for a convenience card.

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