rhino,
What you missed is a clarification to the law that was passed after the initial 46.035. There is a line further down that was added saying that some of the banned places are not really banned if they do not post according to 30.06.
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- Sun Dec 28, 2008 10:26 pm
- Forum: 2009 Texas Legislative Session
- Topic: What about reducing non-carry locations?
- Replies: 26
- Views: 3675
- Sat Dec 20, 2008 10:48 pm
- Forum: 2009 Texas Legislative Session
- Topic: What about reducing non-carry locations?
- Replies: 26
- Views: 3675
Re: What about reducing non-carry locations?
46.035 only applies to people who have a CHL. So, retired officers carrying under 46.15(a)(5) do not need to worry about it.Excaliber wrote:I didn't make my question clear enough in my post. 46.15(a)(5) exempts retired officers from the provisions in 46.02 and 46.03, but it's unclear to me if it also applies to 46.035 which applies to carry in bars, at sporting events, etc. Texas laws are written a little differently than what I'm used to, and I don't know if 46.035 is treated as a subsection of 46.03 and thus the exemption applies, or if it's treated as a separate section that the legislature did not intend to include in the exemption.
The real interesting part is that I think from the way Texas laws are written, out of state officers can also ignore 30.06 signs. The LEOSA specifically allows private property to be banned in accordance with state law, but 30.06 also only applies to CHL carriers, so 46.15(a)(5) would mean they can carry there too.
- Fri Dec 19, 2008 11:32 pm
- Forum: 2009 Texas Legislative Session
- Topic: What about reducing non-carry locations?
- Replies: 26
- Views: 3675
Re: What about reducing non-carry locations?
Already included in 46.15(a)(5):Excaliber wrote:Suggestion: Include retired Texas, federal and out of state law enforcement officers who carry under LEOSA.
This should not be controversial.
I would like to see the wording cleared up to ensure that everyone knows it includes out of state officers and everyone covered by LEOSA, but I see nothing restricting it to in state officers either.an honorably retired peace officer or federal criminal investigator who holds a certificate of proficiency issued under Section 1701.357, Occupations Code, and is carrying a photo identification that:
(A) verifies that the officer honorably retired after not less than 15 years of service as a commissioned officer; and
(B) is issued by a state or local law enforcement agency;
- Fri Dec 19, 2008 12:41 am
- Forum: 2009 Texas Legislative Session
- Topic: What about reducing non-carry locations?
- Replies: 26
- Views: 3675
Re: What about reducing non-carry locations?
Charles,
If that bill gets introduced, let me know if there is anything I can do to help (like testimony from a Master Peace Officer that this is fair and would not cause a problem).
If that bill gets introduced, let me know if there is anything I can do to help (like testimony from a Master Peace Officer that this is fair and would not cause a problem).