Question on open carry for U.S. Military in Texas...

[Mando'a]

My wife works at a local school.

She asked me the other day if U.S. Military Troops were permitted to open carry in Texas, more importantly INTO the school. I told her, it is my understanding, that with a CHL, he could carry onto the premises, but would have to leave the gun in his vehicle. I told her, that there was no Open Carry in Texas yet (at least for handguns).

My wife confronted him about it being illegal to carry a gun into the school. The Soldier said he was "Spec-ops," (or Special Forces) and was required to carry his side-arm at all times.

Being a Military-Brat, she did not call the police. We do not want to get him into any legal trouble, but wish to inform him. That way he won't get into legal trouble.

Is there any validity to his statement? With all the LEO's and (former) Military on this forum, I was hoping to get sound advice.

TIA

[gigag04]

Unless he is under some super secret squirrel FED LEO umbrella exemption...No....He cannot.

My dad, who was a former 10th grouper, will find this hilarious.

[Beiruty]

The mere open carry will get him arrested, on school or otherwise, his commander would not be happy.

[dicion]

The way I remember the military exemption is, if he is on duty, and his duty requires it, then yes, he is allowed to carry it.

I'll have to look it up.

[Mando'a]

The way I remember the military exemption is, if he is on duty, and his duty requires it, then yes, he is allowed to carry it.

I'll have to look it up.

He was in desert Battle fatigues.

?BDU's? I can't recall anymore.

[MoJo]

One word comes to mind - - - POSER - - - one who tries to pass himself as military or former military. They usually pose as some form of special ops or elite troops. It never ceases to amaze me how many former Marines, SEALs, Paratroopers, Rangers, etc. there are on the back window of cars and trucks compared to the number that have actually BTDT.

Real spec ops personnel are low key low profile they don't want a bunch of Rambos.

I would report him to the proper authorities he's breaking numerous laws and military regs.

[E.Marquez]

The way I remember the military exemption is, if he is on duty, and his duty requires it, then yes, he is allowed to carry it.

I'll have to look it up.

Nope, not unless he was on a federal installation under military athority.. once off post, unless Posse Comitatus has been suspended .. he follows the state, and other local laws.

Mind PM'ing me his name, or unit, or what patch he had on his left shoulder?

[ScottDLS]

The way I remember the military exemption is, if he is on duty, and his duty requires it, then yes, he is allowed to carry it.

I'll have to look it up.

He was in desert Battle fatigues.

?BDU's? I can't recall anymore.

I think they call them ACU's (Army Combat Uniform) in the Army.

I believe he has a defense to prosecution under Texas law.

PC §46.03. PLACES WEAPONS PROHIBITED, (a) A person commits an offense if the person intentionally, knowingly, or recklessly possesses or goes with a firearm, illegal knife, club, or prohibited weapon listed in Section 46.05(a):
(1) on the physical premises of a school or educational institution, any grounds or building on which an activity sponsored by a school or educational institution is being conducted, or a passenger transportationvehicle of a school or educational institution, whether the school or educational institution is public or private, unless pursuant to written regulations or written authorization of the institution;
....
(b) It is a defense to prosecution under Subsections (a)(1)-(4) that the actor possessed a firearm while in the actual discharge of his official
duties as a member of the armed forces or national guard or a guard employed by a penal institution, or an officer of the court.
...

Additionally, it's arguable that since the Constitution grants the federal government (Congress) the power to:

To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;

To provide and maintain a Navy;

To make Rules for the Government and Regulation of the land and naval Forces;

...it would be difficult to argue that the state could regulate the performance of official duties of the US military. Some personnel may have duties that require them to be armed at all times.

Just my $0.02.

EDIT: My argument above is that it is possible for a member of the Armed Forces to be authorized to carry a firearm in the performance of their duties, even outside the confines of a US government property. However, this particular guy sounds like a poser. Few Special Forces types advertise their affiliation and you've got to wonder what was the official purpose for this guy to be at a school armed.

[gigag04]

Get his info and pm to someone over on http://www.professionalsoldiers.com/forums/index.php" onclick="window.open(this.href);return false;

[OldCannon]

Picking up kids from school is NOT "actual discharge of his official duties", I wouldn't give two damns if his CO write him a mommy note either.

[E.Marquez]

If he was off post, in Desert Battle Dress Uniform he was a poser, or worse.

If he was in ACU's and still spouting that bull,, PLEASE contact local law and have them make contact.... There is no reason for a US Army Soldier to open carry a weapon to a school, not an MP, not an infantry Soldier, none, unless it was pre arranged for a demonstration.

If you have a name and what his left shoulder patch looked like, please PMme.

[blue]

Why take a chance???
Remember Killeen Tx.
Report anything like that IMMEDIATELY when it happens.

----It should be reported even now.---


IF he is ligit -it will be sorted out.
IF he is not ligit- it will be sorted out.

---------------

(secret squirrel at a school?????)

Way too many red flags. PERIOD.

[gigag04]

his legitimacy as a soldier has no bearing on his legality as a person inside Texas.

[Alekks]

Yeah, I agree with those posting above. Gotta throw the Bull Hockey flag on this one. A true Spec Ops professional, be it Army Ranger, Navy SEAL etc would not go around advertising such to the general populace. If he was there for some pre-arranged activity, then that could be different.

But having worked around some Spec Ops folks back in the 80s and 90s at Ft Hood and having a few friends that are current or former Spec Ops, they are generally pretty low key types, basically ones not looking to draw attention, but rather blend in to the background instead.

Just my two cents.

[3dfxMM]

Special Forces would be unlikely to even be in uniform off-post. Also, only the ACU or Class A/B uniform is authorized unless deployed. My son always went to work in civilian clothes and changed into his ACUs when he got there. When deployed, they wore whatever the mission dictated and usually only wore normal uniforms when they had formal interaction with their host nation commanders. His neighbors knew he was in the Army only because he had DoD stickers on his cars and they did not know he was in Special Forces. They really take the Quiet Professional/Gray Man concept seriously. Without the benefit of a CHL equivalent they could not carry a firearm. They check out their weapons for training just like everyone else.