Good point. As Steve R says the 30.05 exemption is technically for "Peace Officers" not retired Peace Officers. SO, I'll go back to the 30.05 notice requirements... 30.06 doesn't apply since Retired LEO are not carrying under authority of CHL... Just LEOSA and 46.15 exemptions. 30.05 requires a trespass sign so a commercial business typically wouldn't have one posted.gljjt wrote:Do you have a reference? It isn't in PC 30.06.ScottDLS wrote:Nope, same exemption to 30.06 is also available in 30.05 to active/retired peace officer.bayouhazard wrote:gljjt wrote:But wouldn't 30.05 still apply to a retire LEO?srothstein wrote:Actually, I think it is even easier, if he just goes out and qualifies with the weapon. PC 46.15(a)(5) allows a retired peace officer to carry anywhere an active officer can. Since the OP would then not be carrying under the authority of the CHL, 30.06 would not apply.
Upon further review, I think 30.05 also applies to retired LEO. There is not a non applicability/exception clause for retired LEOs in 30.05, just for active LEOs.
The benefit retired LEOs have is fewer restrictions on places (bars, etc) they are allowed to go but trespass laws still apply for retired LEOs.
Need references!!
I know we have a 1995 (anti-gun Democrat) Texas AG opinion stating that "any" (crayon with a circle slash revolver) sign counts as notice under 30.05, but that was before 30.06 and I'm going to say that's a really hard case even for a Travis County DA to make... I'm of the opinion
...haha... that 30.05 is not a blanket crime that can apply to all violations of a publicly open property owners "rules", which may or may not be clearly posted/communicated in advance. In a public setting, my thought is the 30.05 is intended to allow a property owner require someone to leave for any reason, but not to bar their entry in advance. Other than the 1995 AG opinion I have seen no evidence that Texas PC 30.05 has been interpreted to create a crime out of legal carry (licensed or otherwise) in an otherwise allowably accessed premises. Many other states have very similar criminal trespass statutes and have never interpreted them to prohibit otherwise legal activities, regardless of signage. Also, so far not aware of any 30.05 convictions between 1995-1997 (when 30.06 came in) for carry.