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by Charles L. Cotton
Thu Dec 11, 2008 5:15 pm
Forum: General Texas CHL Discussion
Topic: Off Duty LEO and 51%
Replies: 15
Views: 5160

Re: Off Duty LEO and 51%

ninjamedic2293 wrote:NVM, further reading lead me to TPC §§46.15 which makes TPC §§46.02 and 46.03 non-applicable to peace officers. Is 46.035 considered a subset of 46.03 is that how 46.035 is non applicable as well?
As others have noted, LEO's are not carrying under the authority of their CHLs, so §46.035 UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER does not apply to them, whether on duty or off-duty. The "not applicable" provisions in §46.15 "exempt" LEOs from both §§46.02 and 46.03, as you stated.

One note on LEOSA; it has yet to be tested at the Supreme Court level. It is based upon the Commerce Clause, so if it is upheld then the federal gun-free school zone law will also be upheld. If either are found unconstitutional, both will be found unconstitutional.

Chas.
by Charles L. Cotton
Thu Dec 11, 2008 2:34 pm
Forum: General Texas CHL Discussion
Topic: Off Duty LEO and 51%
Replies: 15
Views: 5160

Re: Off Duty LEO and 51%

LM230023 wrote:I have tried to search the topic and cannot find anything, if there is something, then sorry for asking again.

Can an off duty LEO carry, concealed of course, in an establishment that is 51%?
Yes. LEO's are not subject to either TPC §§46.02 or 46.035, even if they also hold a CHL.

Chas.

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