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by joe817
Wed Dec 17, 2014 2:13 pm
Forum: General Texas CHL Discussion
Topic: Present CHL to Border Patrol?
Replies: 75
Views: 15530

Re: Present CHL to Border Patrol?

Ok, I see it. Thank you. In reading on down Art. 2:

"Art. 2.122. SPECIAL INVESTIGATORS.

(a) The following named criminal investigators of the United States shall not be deemed peace officers, but shall have the powers of arrest, search, and seizure under the laws of this state as to felony offenses only:
.
.
.
(c) A Customs and Border Protection Officer or Border Patrol Agent of the United States Customs and Border Protection or an immigration enforcement agent or deportation officer of the Department of Homeland Security is not a peace officer under the laws of this state..."

Note: Have left a LOT of stuff out. But not important. Point well made Keith. :tiphat:
by joe817
Wed Dec 17, 2014 1:48 pm
Forum: General Texas CHL Discussion
Topic: Present CHL to Border Patrol?
Replies: 75
Views: 15530

Re: Present CHL to Border Patrol?

Keith B wrote:Legally, a CBP agent does not defined as a 'peace officer' in Texas. The law states you must present it to a 'magistrate' (aka Judge defined in 2.09.00) or 'peace officer' when asked for ID.
GC §411.205. REQUIREMENT TO DISPLAY LICENSE. If a license holder is
carrying a handgun on or about the license holder’s person when a magistrate or
a peace officer
demands that the license holder display identification, the license
holder shall display both the license holder’s driver’s license or identification
certificate issued by the department and the license holder’s handgun license.
However, I probably would, depending on their demeanor, if they were requesting ID. Better to let them know and avoid any issues. Others may choose not to unless asked about weapons.
If I'm reading what TCLOSE says a CBP agent IS a recognized Peace Officer:
"The Texas Code of Criminal Procedure, § 2.122, recognizes specific criminal investigators of the United States as having authority to enforce selected state laws by virtue of their authority. Prior training will be evaluated and approved by the Commission to insure it meets current training requirements.
...(15) A Customs and Border Protection Officer or Border Patrol Agent of the United States Customs and Border Protection or an immigration enforcement agent, or deportation officer of the Department of Homeland Security;..."

http://www.tcole.texas.gov/content/out- ... e-officers" onclick="window.open(this.href);return false;

I admit I may be misinterpreting this. If I am, my bad. :tiphat:

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