Concealed Carry....... badge

[GrayGhost]

I just finished reading the 55 page thread on the Eric Scott shooting in Nevada. I thought it more appropriate to play “what if” in a different thread. I know there were mistakes made on both sides. I also know that if I were confronted by Costco employees and called out about an exposed concealed weapon, I would leave… immediately. I know we have all engaged in a bit of levity when it comes to the issue of concealed carry badges. But…

what if…

when Eric Scott was confronted about his concealed carry firearm showing, he had merely pulled out a concealed carry badge, flashed it to the employee and went about his business without saying a word. Is it likely that the employee would have assumed, “oh, he has a badge, it must be okay.”

Again, I am not advocating this as we don’t know what the employee would assume, but I can’t help but wonder if one of those silly badges, that we have joked about here, wouldn’t have saved Eric’s life since he was not inclined to just leave as we have been told to do.

[74novaman]

seems like a good way to get nailed with an "impersonating a police officer" charge.

[glocklvr]

I just keep my CHL in the front of my wallet so that I can easily present it if needed but I have found out that in this area most people don't worry too much about an accidently exposed weapon in my area. I slipped on the 3 inch thick sheet of ice in the grocery store parking lot last night exposing my gun on my hip. The carry out boy asked if the gun was real and I said it was and that I had the required permits no more was said about it.

[GrayGhost]

Impersonating a police officer? I’ve never seen a sworn officer carry a badge that said “Concealed Weapons Permit.” And in the scenario, he doesn’t say anything, he just flashes the badge and keeps going about his business.

[cbr600]

It seems like a badge from the toy store or a Halloween costume would be equally effective.

Unless you also have the sash and tiara. In that case, you're all set.

[Oldgringo]

Texas has its very own and unique 30.06 sign. Maybe we should have our very own unique CHL badge too?

I'm just tryin' to figure who I would show it to here in the Pineys? Where is 03Lightningrocks when you need him?

(just kiddin' )

[C-dub]

Moving along.

[74novaman]

From your original post:

when Eric Scott was confronted about his concealed carry firearm showing, he had merely pulled out a concealed carry badge, flashed it to the employee and went about his business without saying a word. Is it likely that the employee would have assumed, “oh, he has a badge, it must be okay.”

And after looking it up, this statute would probably be what you would be charged under:

Sec. 37.11. IMPERSONATING PUBLIC SERVANT. (a) A person commits an offense if he:

(1) impersonates a public servant with intent to induce another to submit to his pretended official authority or to rely on his pretended official acts; or

(2) knowingly purports to exercise any function of a public servant or of a public office, including that of a judge and court, and the position or office through which he purports to exercise a function of a public servant or public office has no lawful existence under the constitution or laws of this state or of the United States.

(b) An offense under this section is a felony of the third degree.

If you "flash a badge" at someone, what would a reasonable person assume? That you are an officer of the law. I'm not a lawyer, but it seems to be flashing a badge at someone would fall under impersonating a public servant pretty easily.

Add to that the assumption on my part that an actual peace officer might take a pretty dim view of someone carrying around what appears to him to be a "fake badge" and it looks like a recipe for trouble to me.

So, no thanks for me on the CHL badges. Don't really feel like being a test case.

[Humanphibian]

From your original post:

when Eric Scott was confronted about his concealed carry firearm showing, he had merely pulled out a concealed carry badge, flashed it to the employee and went about his business without saying a word. Is it likely that the employee would have assumed, “oh, he has a badge, it must be okay.”

And after looking it up, this statute would probably be what you would be charged under:

Sec. 37.11. IMPERSONATING PUBLIC SERVANT. (a) A person commits an offense if he:

(1) impersonates a public servant with intent to induce another to submit to his pretended official authority or to rely on his pretended official acts; or

(2) knowingly purports to exercise any function of a public servant or of a public office, including that of a judge and court, and the position or office through which he purports to exercise a function of a public servant or public office has no lawful existence under the constitution or laws of this state or of the United States.

(b) An offense under this section is a felony of the third degree.

If you "flash a badge" at someone, what would a reasonable person assume? That you are an officer of the law. I'm not a lawyer, but it seems to be flashing a badge at someone would fall under impersonating a public servant pretty easily.

Add to that the assumption on my part that an actual peace officer might take a pretty dim view of someone carrying around what appears to him to be a "fake badge" and it looks like a recipe for trouble to me.

So, no thanks for me on the CHL badges. Don't really feel like being a test case.

I don't think the simple act of flashing a CHL badge and walking away would qualify as "intent to induce another to submit to his pretended authority"

What would happen if I happened to be driving a decommissioned Crown Vic with tinted windows, antennas, and a push bar.......I pull up behind you and you are texting when the light turns green....so I honk.....

Am I guilty of a third degree felony for trying to induce you to submit to my pretend authority????

[74novaman]

meh, I could be wrong. Maybe an actual lawyer will chime in one way or the other.

But by flashing the badge, you're telling them that you have authority to carry, and to leave you alone. Seems like you're trying to make someone submit to me!

But again, I'm just one of us non legal types......so my advice is worth what you paid for it.

To me, carrying a chl "badge" is kinda like those fat guys that get dressed up in all black swat gear with kneepads and hockey helmets. You look like a poser. I'm not a cop, so I don't need a badge.

[Humanphibian]

he had the authority to carry.....

[74novaman]

he had the authority to carry.....

okay, some bad typing on my part.

Would someone who is not a chl assume anything other than COP when a badge is flashed at them? In the original scenario, he's relying on the fact most people assume anyone with a badge is a cop and therefore is allowed to have a gun.

If the clerk is asked about it later, he's probably say "he flashed a badge at me so I thought he was a cop".

Which part of that is going to go over well for you saying "i never said i was a cop".....

[Humanphibian]

If he were alive to argue it in court....then HE WON!!

[Humanphibian]

not trying to rip you....just looking at it from the other side for sake of debate.

if that shiny piece of metal that is regularly ridiculed on here (no I don't have one) were to give responding officers just the slightest bit of pause when seen hanging on a persons belt that has a weapon in their hands....would it not be worth it's weight in gold? That ONE SPLIT SECOND of "assumption" may very well be the difference between life and death.

better to be judged by 12 than carried by 6

[gigag04]

This reminds me, I need to populate some more content on the wiki/FAQ.