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carry by county prosecutors
Posted: Thu Feb 10, 2005 11:22 pm
by center mass
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!
Posted: Fri Feb 11, 2005 9:26 am
by dolanp
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.
Re: carry by county prosecutors
Posted: Sat Feb 12, 2005 3:48 am
by govtman
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.
Posted: Sun Feb 13, 2005 4:20 pm
by dolanp
Well yeah, what I meant to say is that they qualify under that same section.
Posted: Sun Feb 13, 2005 6:01 pm
by Greybeard
DA (Rick Roach) up where I grew up in TX Panhandle got busted bigtime last month for guns in courthouse. The bigger problem though was he had 'em in conjunction with lots of drug money and meth that was not just recently confiscated. DPS, FBI and all had him pegged, even been doin' the damn drugs in the courthouse.
Quite disappointing to hear here. I recall playing Little Leage baseball together when he was 12 and I was 9. (He played shortstop and hit clean-up while I sat on the bench.)
Amarillo paper said if convicted on all counts, he was looking at 51 years. Mom said yesterday he pled guilty, got 10 years and $250K fine. Any bets on his chances of a CHL when he gets out?