Mando'a wrote:dicion wrote: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.