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by Excaliber
Sun Dec 21, 2008 11:52 am
Forum: 2009 Texas Legislative Session
Topic: What about reducing non-carry locations?
Replies: 26
Views: 3665

Re: What about reducing non-carry locations?

srothstein wrote:
Excaliber wrote:I didn't make my question clear enough in my post. 46.15(a)(5) exempts retired officers from the provisions in 46.02 and 46.03, but it's unclear to me if it also applies to 46.035 which applies to carry in bars, at sporting events, etc. Texas laws are written a little differently than what I'm used to, and I don't know if 46.035 is treated as a subsection of 46.03 and thus the exemption applies, or if it's treated as a separate section that the legislature did not intend to include in the exemption.
46.035 only applies to people who have a CHL. So, retired officers carrying under 46.15(a)(5) do not need to worry about it.

The real interesting part is that I think from the way Texas laws are written, out of state officers can also ignore 30.06 signs. The LEOSA specifically allows private property to be banned in accordance with state law, but 30.06 also only applies to CHL carriers, so 46.15(a)(5) would mean they can carry there too.
Thanks, Steve.

That's how I had been reading 46.15 and 46.035, but wasn't sure. I feel more comfortable now.
by Excaliber
Sat Dec 20, 2008 8:26 am
Forum: 2009 Texas Legislative Session
Topic: What about reducing non-carry locations?
Replies: 26
Views: 3665

Re: What about reducing non-carry locations?

srothstein wrote:
Excaliber wrote:Suggestion: Include retired Texas, federal and out of state law enforcement officers who carry under LEOSA.

This should not be controversial.
Already included in 46.15(a)(5):
an honorably retired peace officer or federal criminal investigator who holds a certificate of proficiency issued under Section 1701.357, Occupations Code, and is carrying a photo identification that:
(A) verifies that the officer honorably retired after not less than 15 years of service as a commissioned officer; and
(B) is issued by a state or local law enforcement agency;
I would like to see the wording cleared up to ensure that everyone knows it includes out of state officers and everyone covered by LEOSA, but I see nothing restricting it to in state officers either.

I didn't make my question clear enough in my post. 46.15(a)(5) exempts retired officers from the provisions in 46.02 and 46.03, but it's unclear to me if it also applies to 46.035 which applies to carry in bars, at sporting events, etc. Texas laws are written a little differently than what I'm used to, and I don't know if 46.035 is treated as a subsection of 46.03 and thus the exemption applies, or if it's treated as a separate section that the legislature did not intend to include in the exemption.

Can you shed light on this?

Thanks!
by Excaliber
Fri Dec 19, 2008 7:36 am
Forum: 2009 Texas Legislative Session
Topic: What about reducing non-carry locations?
Replies: 26
Views: 3665

Re: What about reducing non-carry locations?

Charles L. Cotton wrote:I have written a bill to put CHLs in the same group of people that are exempt from both TPC §§46.02 and 46.03; i.e. LEOs, all judges (including municipal and JP's), railroad LEO's, probation officers (both types), county/district attorneys, and a few others. Whether it will be introduced is a tactical decision that will be made when we have a lot more information about the makeup of committees, chairmen, etc.

Chas.
Suggestion: Include retired Texas, federal and out of state law enforcement officers who carry under LEOSA.

This should not be controversial.

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