He couldn't be trespassed for not complying w/ house rules re: carrying a firearm as LEO's are exempt from that provision of 30.05, though I guess they could "make up" another reason for kicking him out, though that might breach the implied contract represented by his ticket.JALLEN wrote:That doesn't make any sense. He is exempt from a 30.06 sign which is notice that firearms are forbidden, but if he is told to leave, he is trespassing the same as you and me?EEllis wrote:Yes without a doubt. The Deputy would be trespassing if they asked him to leave for not complying with their house rules but there would not be any violation for him being armedJALLEN wrote:So do we conclude that this off duty SO deputy could lawfully carry in HOB, but for their private policies?
My San Diego cop buddies claimed they were required to carry at all times and in all places. Of course, there is no sign business in that socialist hellhole, probably because there are so few licensed carriers.
PC §30.05. CRIMINAL TRESPASS.
....
(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.