TexasCHLforum.com

Charles L. Cotton wrote:

RoyGBiv wrote:

Jaguar wrote:

Charles L. Cotton wrote:It's also not going to work in Texas. Texas law prohibits them from barring armed peace officers. I don't like that law one bit, but it's the law.

Chas.

Tex. Penal Code §30.05 wrote:(i) This section does not apply if:

(1) the basis on which entry on the property or land or in the building was forbidden is that entry with a handgun or other weapon was forbidden; and

(2) the actor at the time of the offense was a peace officer, including a commissioned peace officer of a recognized state, or a special investigator under Article 2.122, Code of Criminal Procedure, regardless of whether the peace officer or special investigator was engaged in the actual discharge of an official duty while carrying the weapon.

Wow, I never read all of 30.05, now that I have I am surprised by it.

So what limits are there on Peace Officers that forbid them to enter or stay on property of another? It looks like the Third and Fouth Amendment took a holiday when they wrote this law.

The way I read that, I can bar any specific person, regardless of whether they are LE. I just cannot generically say "armed LE not welcome". But I can say "Joe Smith get out", even if Joe is LE (unless he's there in an official capacity and acting under legal authority).

Correct. You can have and enforce a "no guns" policy against anyone and everyone, except a LEO, including an out-of-state LEO.

Yes, I know some people will argue that it's no big deal because you can simply give some other reason to bar someone. While this is true, 1) Texas law shouldn't put honest people in a position where they must lie to keep people out of their homes and other private property; and 2) most people have no idea that TPC §30.05 contains this limitation related to LEO's so they won't know the Legislature has forced them to lie if they don't want that person on their property.

Chas.