TexasCHLforum.com

Soccerdad1995 wrote:

Charles L. Cotton wrote:

C-dub wrote:

ScottDLS wrote:

rotor wrote:Don't you want the legal right to tell anyone to "get off my property"?

I want the legal right to tell an off duty cop to get off my property for carrying, but I don't have it.

Why not? If a manager at a Whataburger can tell an ON-duty LEO in uniform that they don't allow guns in their store and that they refuse them service, why can't you tell an off-duty one to leave?

TPC §30.05 was amended to exclude LEO's, if the basis for barring their entry is that they are carrying a handgun. This applies whether the LEO was on duty or off. It's absurd, but it's the law. While a burger joint can refuse service, there's no legal basis to order the officer off of the property.

Chas.

TPC §30.05(i) wrote:(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.

But that only protects the LEO if the reason for asking them to leave is their weapon, correct? Someone could still order them off the property and just not give a reason, couldn't they?

ScottDLS wrote:

rotor wrote:Don't you want the legal right to tell anyone to "get off my property"?

I want the legal right to tell an off duty cop to get off my property for carrying, but I don't have it.