TexasCHLforum.com

gugisman wrote:I'm new to this board, and here because I wanted to serve as a part time volunteer in church security operations, and I am seldom not armed. Just two weeks ago we were told that only active, full time peace officers could be on the team - if they were to be armed, or, persons who comply with TX Occupations Code regarding private security.

Apparently, as a result of the May 10, 2007 DPS opinion (in Mr. Cotton's link, above) most of the volunteers (retired state and federal officers) could not legally 'carry' and be on the team. I did the research and wrote to my state representatives to support the bills mentioned in previous posts. However, I think there has been a lot of unwarranted disruption. Please hear me out...

First, regarding the DPS May 10, 2007 opinion: It should be taken as an 'advisory guideline', per the included preface: "These opinions are advisory guidelines intended to inform the public and the regulated community of the department’s position and to facilitate voluntary compliance. They are not binding on the department or any other law enforcement agency, and should not be relied on as authority in support of or defense against any enforcement action. They are subject to modification at the department’s discretion."

I'll try to not get to convoluted here... but I believe the TX Penal Code exempts many potential armed church security team volunteers.

TX Penal Code section 46.02 and 46.03 define what weapons are illegal, where it is illegal to carry, and certain defenses to prosecution (such as security officers, hunters, and so on). Section 1702 of the TX occupations code establishes a commission that regulates private security operations. Absent the defense granted to security officers in TXPC 46.03, it would be illegal for them to posses weapons under TXOC 1702.

TX Penal Code section 46.15 defines to whom the section 46.02 and 46.03 laws do NOT apply...

TXPC 46.15 - Nonapplicability, (a) sections 46.02 and 46.03 do not apply to:

(1) peace officers or special investigators under Article 2.122, Code of Criminal Procedure, and neither section prohibits a peace officer or special investigator from carrying a weapon in this state, including in an establishment in this state serving the public, regardless of whether the peace officer or special investigator is engaged in the actual discharge of the officer's or investigator's duties while carrying the weapon;

(certain other individuals in sections 2, 3, 4 7, 8, 9), and,

(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;

Also, specifically related to security officers, TXPC 46.02 does not apply to a person who:

(4) holds a security officer commission issued by the Texas Private Security Board, if the person is engaged in the performance of the person's duties as an officer commissioned under Chapter 1702, Occupations Code, or is traveling to or from the person's place of assignment and is wearing the officer's uniform and carrying the officer's weapon in plain view;
(5) acts as a personal protection officer and carries the person's security officer commission and personal protection officer authorization, if the person:
(A) is engaged in the performance of the person's duties as a personal protection officer under Chapter 1702, Occupations Code, or is traveling to or from the person's place of assignment; and
(B) is either:
(i) wearing the uniform of a security officer, including any uniform or apparel described by Section 1702.323(d), Occupations Code, and carrying the officer's weapon in plain view; or
(ii) not wearing the uniform of a security officer and carrying the officer's weapon in a concealed manner;

CONCLUSION: It seems to me that a the cart has been brought forward of the horse... If active peace officers and honorably retired peace officers and federal criminal investigators are exempt from TXPC weapon law, then they are exempt from the TXOC 1702 related to security officers. Security officers are granted their 'authority' to carry weapons under TXPC by also being (partially) exempted under section 46.15

It is my opinion that TX peace officers and retired peace officers and federal criminal investigators (who comply with the proficiency requirements under TXOC 1701.357) - are acting within legal authority when he/she carries a concealed weapon in church, period. The issue of whether or not the person is involved, formally, as a volunteer member of a church security team is irrelevant.

I would appreciate hearing your comments/opinions/counter-opinions...?

Zoo wrote:Do gun store employees need security guard commission to carry at work?

03Lightningrocks wrote:I just spotted this post. These bills need to be passed!