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by pt145ss
Thu Jan 10, 2008 10:41 am
Forum: General Texas CHL Discussion
Topic: Prison grounds?
Replies: 61
Views: 9075

Re: Prison grounds?

Starvin wrote:An immediate supervisor would be contacted and a decision would be made thereafter. Each situation is different, think "totality of the circumstances".
I sympathize with the position you are in. I personally believe that declaring the firearm and locking it away while on prison grounds is a small concession on the part of the CHL holder or someone carrying under UCW authority.

However, the fact remains that TPC does not make it an offense to carry in the parking lot of a prison except on days of executions (and really that is only if the parking lot is within 1000 feet of the execution building). Also, the administrative rules do not make it an offense to carry in the parking lot of the prison. So when you say that the immediate supervisor will be called to make a decision…what decision are they making? An arrest in this situation is most likely a civil rights violation as no law has been broken. I’m not sure that entry to the parking lot can NOT be denied solely based on the fact that there is a firearm present (as law allows CHL holders to carry in the parking lot). My last point would be that at the point where the CO asks the visitor to secure the weapon, the visitor, is then failing to conceal the firearm (this is not the same as a LEO disarming you for their safety), failure to conceal is an offense under TPC. I believe that a LEO (or in the case a CO) can not order anyone to do something that is in clear violation of the law (I know this is a bit of a stretch but I put it out there anyway).
by pt145ss
Tue Jan 08, 2008 11:38 am
Forum: General Texas CHL Discussion
Topic: Prison grounds?
Replies: 61
Views: 9075

Re: Prison grounds?

Starvin wrote:If you told me you had no weapon and I do in fact, find one, we have a problem.
What exactly do you mean by that? What is your SOP in that situation?
by pt145ss
Wed Dec 26, 2007 1:49 pm
Forum: General Texas CHL Discussion
Topic: Prison grounds?
Replies: 61
Views: 9075

Re: Prison grounds?

Right2Carry wrote:
ManfromTexas wrote:Hi,

I'm new here but I can say I just got back from Beto I. They do search the car (more or less) and under the hood. I told them I had a CHL and they wanted to see the gun (a Glock), unload the weapon, count the bullets. Then they had me put the gun in the glove compartment and the ammo in the consol box. When leaving they inspected to make sure the gun was still there and the counted the ammo to make sure no rounds were missing. That was ok to me as they are conserened of a gun or ammo getting to the prisoners (It sure isn't a resort there!)
Sounds like a good experiance, but I don't think we are required to notify a Prison Gaurd that we have a CHL or that we are carrying. I don't think they qualify as a LEO, which to my understanding is the only entity we must disclose to. It appears that their own rules state I can lock it up in the vehicle in a secured compartment before entering.

One has to wonder how they would react to finding a gun in your trunk when they search it.
Just FYI, some COs are LEOs (they get better pay if they are...and also have more oportunites for off duty jobs). I know of several COs that are also certified peace officers...they may not patrol but that does not mean they are not LEOs. If I recall correctly, when ever a LEO asks you for ID you must disclose the CHL. Therefore, if a CO asks for ID, I would be inclined to disclose as I do not know if the CO is a LEO or not and I would rather error on the side of caution.

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