TexasCHLforum.com

I'm reminded of the Watauga Incident.

03Lightningrocks wrote:

chabouk wrote:

03Lightningrocks wrote:You just caused me to think of another possible "issue". I am wondering what would happen if you were stopped and found carrying under Utah non-resident while your Texas was under suspension for a possible criminal reason? Might get tricky when the officer who stops you discovers your CHL is under suspension. I bet the conversation would get a bit squirrely from that point on. I have this visual of trying to esplain myself as he hand cuffs me and puts me in the back of the car.

What would the problem be?

A Texas CHL is not required to secure a Utah license, and the Utah license isn't affected by a Texas suspension.

I will tell the arresting officer that I have it on good information from some poster on the internet that everything is legit.

Sure, you can even tell them you found it here.

03Lightningrocks wrote:You just caused me to think of another possible "issue". I am wondering what would happen if you were stopped and found carrying under Utah non-resident while your Texas was under suspension for a possible criminal reason? Might get tricky when the officer who stops you discovers your CHL is under suspension. I bet the conversation would get a bit squirrely from that point on. I have this visual of trying to esplain myself as he hand cuffs me and puts me in the back of the car.

What would the problem be?

A Texas CHL is not required to secure a Utah license, and the Utah license isn't affected by a Texas suspension.

C-dub wrote:

chabouk wrote:

Keith B wrote:Government offices are not off limits unless they have a court, are holding a meeting and have posted a 30.06, or are the secured area of a police station (don't think I missed any.)

Even the secured area of the police station isn't statutorily off limits, it's just one area where they have the authority to disarm you. It's not required, but they have the authority to do so if they wish.

I don't understand. What makes the "secure" area of a police station different? It's still government property, isn't it? Wouldn't there have to be a government meeting in progress and a 30.06 sign posted to make it off limits?

It's not "off limits", but police have authority to disarm CHLs entering that secure area. If they don't disarm you, you're not committing a violation by entering while armed; it's not statutorily off limits, and can't be posted with a valid 30.06 notice.

Officers have always had the authority to temporarily disarm a CHL when they reasonably believed it was necessary for the safety of themselves, the licensee, or third parties. The authority to disarm a CHL entering the "secure area of a law enforcement facility" was added in 2007.

From Government Code 411:

Sec. 411.207. AUTHORITY OF PEACE OFFICER TO DISARM. (a) A peace officer who is acting in the lawful discharge of the officer's official duties may disarm a license holder at any time the officer reasonably believes it is necessary for the protection of the license holder, officer, or another individual. The peace officer shall return the handgun to the license holder before discharging the license holder from the scene if the officer determines that the license holder is not a threat to the officer, license holder, or another individual and if the license holder has not violated any provision of this subchapter or committed any other violation that results in the arrest of the license holder.

(b) A peace officer who is acting in the lawful discharge of the officer's official duties may temporarily disarm a license holder when a license holder enters a nonpublic, secure portion of a law enforcement facility, if the law enforcement agency provides a gun locker where the peace officer can secure the license holder's handgun. The peace officer shall secure the handgun in the locker and shall return the handgun to the license holder immediately after the license holder leaves the nonpublic, secure portion of the law enforcement facility.

(c) A law enforcement facility shall prominently display at each entrance to a nonpublic, secure portion of the facility a sign that gives notice in both English and Spanish that, under this section, a peace officer may temporarily disarm a license holder when the license holder enters the nonpublic, secure portion of the facility. The sign must appear in contrasting colors with block letters at least one inch in height. The sign shall be displayed in a clearly visible and conspicuous manner.

(d) In this section:

(1) "Law enforcement facility" means a building or a portion of a building used exclusively by a law enforcement agency that employs peace officers as described by Articles 2.12(1) and (3), Code of Criminal Procedure, and support personnel to conduct the official business of the agency. The term does not include:

(A) any portion of a building not actively used exclusively to conduct the official business of the agency; or

(B) any public or private driveway, street, sidewalk, walkway, parking lot, parking garage, or other parking area.

(2) "Nonpublic, secure portion of a law enforcement facility" means that portion of a law enforcement facility to which the general public is denied access without express permission and to which access is granted solely to conduct the official business of the law enforcement agency.

Added by Acts 1997, 75th Leg., ch. 165, Sec. 10.01(a), eff. Sept. 1, 1997.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 572, Sec. 1, eff. September 1, 2007.

Keith B wrote:Government offices are not off limits unless they have a court, are holding a meeting and have posted a 30.06, or are the secured area of a police station (don't think I missed any.)

Even the secured area of the police station isn't statutorily off limits, it's just one area where they have the authority to disarm you. It's not required, but they have the authority to do so if they wish.