Courier leaves .38 revolver in teachers' lounge Fort Worth

[MikeInTX]

I guess "Gun Free Zone" doesn't mean everybody has to abide?

http://www.wfaa.com/news/local/tarrant/ ... 11321.html" onclick="window.open(this.href);return false;

[Keith B]

I guess "Gun Free Zone" doesn't mean everybody has to abide?

http://www.wfaa.com/news/local/tarrant/ ... 11321.html" onclick="window.open(this.href);return false;

Not if you are a certified armed security guard in Texas. These guys can carry into schools if they are working.

[Keith B]

Well, on second review it is not allowed per the penal code. There is no allowance for them to be in the building in 46.03

§ 46.03. PLACES WEAPONS PROHIBITED. (a) A person commits
an offense if the person intentionally, knowingly, or recklessly
possesses or goes with a firearm, illegal knife, club, or
prohibited weapon listed in Section 46.05(a):
(1) on the physical premises of a school or
educational institution, any grounds or building on which an
activity sponsored by a school or educational institution is being
conducted, or a passenger transportation vehicle of a school or
educational institution, whether the school or educational
institution is public or private, unless pursuant to written
regulations or written authorization of the institution;
(2) on the premises of a polling place on the day of an
election or while early voting is in progress;
(3) on the premises of any government court or offices
utilized by the court, unless pursuant to written regulations or
written authorization of the court;
(4) on the premises of a racetrack;
(5) in or into a secured area of an airport; or
(6) within 1,000 feet of premises the location of
which is designated by the Texas Department of Criminal Justice as a
place of execution under Article 43.19, Code of Criminal Procedure,
on a day that a sentence of death is set to be imposed on the
designated premises and the person received notice that:
(A) going within 1,000 feet of the premises with
a weapon listed under this subsection was prohibited; or
(B) possessing a weapon listed under this
subsection within 1,000 feet of the premises was prohibited.
(b) It is a defense to prosecution under Subsections
(a)(1)-(4) that the actor possessed a firearm while in the actual
discharge of his official duties as a member of the armed forces or
national guard or a guard employed by a penal institution, or an
officer of the court.
(c) In this section:
(1) "Premises" has the meaning assigned by Section
46.035.
(2) "Secured area" means an area of an airport
terminal building to which access is controlled by the inspection
of persons and property under federal law.
(d) It is a defense to prosecution under Subsection (a)(5)
that the actor possessed a firearm or club while traveling to or
from the actor's place of assignment or in the actual discharge of
duties as:
(1) a member of the armed forces or national guard;
(2) a guard employed by a penal institution; or
(3) a security officer commissioned by the Texas Board
of Private Investigators and Private Security Agencies if:
(A) the actor is wearing a distinctive uniform;
and
(B) the firearm or club is in plain view; or
(4) Deleted by Acts 1995, 74th Leg., ch. 318, § 17,
eff. Sept. 1, 1995.
(5) a security officer who holds a personal protection
authorization under the Private Investigators and Private Security
Agencies Act (Article 4413(29bb), Vernon's Texas Civil Statutes).
(e) It is a defense to prosecution under Subsection (a)(5)
that the actor checked all firearms as baggage in accordance with
federal or state law or regulations before entering a secured area.
(f) It is not a defense to prosecution under this section
that the actor possessed a handgun and was licensed to carry a
concealed handgun under Subchapter H, Chapter 411, Government Code.
(g) An offense under this section is a third degree felony.
(h) It is a defense to prosecution under Subsection (a)(4)
that the actor possessed a firearm or club while traveling to or
from the actor's place of assignment or in the actual discharge of
duties as a security officer commissioned by the Texas Board of
Private Investigators and Private Security Agencies, if:
(1) the actor is wearing a distinctive uniform; and
(2) the firearm or club is in plain view.
(i) It is an exception to the application of Subsection
(a)(6) that the actor possessed a firearm or club:
(1) while in a vehicle being driven on a public road;
or
(2) at the actor's residence or place of employment.

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1983, 68th Leg., p. 2962, ch. 508, § 1, eff. Aug.
29, 1983; Acts 1989, 71st Leg., ch. 749, § 2, eff. Sept. 1, 1989;
Acts 1991, 72nd Leg., ch. 203, § 2.79; Acts 1991, 72nd Leg., ch.
386, § 71, eff. Aug. 26, 1991; Acts 1991, 72nd Leg., ch. 433,
§ 1, eff. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. 554, § 50,
eff. Sept. 1, 1991. Renumbered from V.T.C.A., Penal Code § 46.04
and amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept.
1, 1994. Amended by Acts 1995, 74th Leg., ch. 229, § 3, eff.
Sept. 1, 1995; Acts 1995, 74th Leg., ch. 260, § 42, eff. May 30,
1995; Acts 1995, 74th Leg., ch. 318, § 17, eff. Sept. 1, 1995;
Acts 1995, 74th Leg., ch. 790, § 17, eff. Sept. 1, 1995; Acts
1997, 75th Leg., ch. 165, § 10.03, 31.01(70), eff. Sept. 1, 1997;
Acts 1997, 75th Leg., ch. 1043, § 1, eff. Sept. 1, 1997; Acts
1997, 75th Leg., ch. 1221, § 2, 3, eff. June 20, 1997; Acts 1997,
75th Leg., ch. 1261, § 25, eff. Sept. 1, 1997; Acts 2001, 77th
Leg., ch. 1060, § 1, 2 eff. Sept. 1, 2001; Acts 2003, 78th Leg.,
ch. 1178, § 3, eff. Sept. 1, 2003.

[JP171]

Keith, he was an armored car guard licensed by the board of private security from DPS in the actual performance of his duties and therefore exempt

[Keith B]

Keith, he was an armored car guard licensed by the board of private security from DPS in the actual performance of his duties and therefore exempt

Can you point where in 46.03 that it exempts him with that license? The only exemption I would think is that they would be given permission by the school system if they were hired to do pickups or drop-off's.

[JP171]

Keith, he was an armored car guard licensed by the board of private security from DPS in the actual performance of his duties and therefore exempt

Can you point where in 46.03 that it exempts him with that license? The only exemption I would think is that they would be given permission by the school system if they were hired to do pickups or drop-off's.

ok I am corrected as in that its an affirmative defense to prosecution

(3) a security officer commissioned by the Texas Board
of Private Investigators and Private Security Agencies if:
(A) the actor is wearing a distinctive uniform;
and
(B) the firearm or club is in plain view; or

an armored car guard is a security officer so there by basically exempt as most police officers won't arrest a security guard unless they do something stooooopid

[gthaustex]

I've been trying to figure out what he was doing in the middle school. I have never seen an armed courier in any schools where my kids attend. Perhaps dropping off a package, but why the need to be done by an armed courier? I can't think of any schools that have an ATM....just wondering....

[Keith B]

Keith, he was an armored car guard licensed by the board of private security from DPS in the actual performance of his duties and therefore exempt

Can you point where in 46.03 that it exempts him with that license? The only exemption I would think is that they would be given permission by the school system if they were hired to do pickups or drop-off's.

ok I am corrected as in that its an affirmative defense to prosecution

(3) a security officer commissioned by the Texas Board
of Private Investigators and Private Security Agencies if:
(A) the actor is wearing a distinctive uniform;
and
(B) the firearm or club is in plain view; or

an armored car guard is a security officer so there by basically exempt as most police officers won't arrest a security guard unless they do something stooooopid

Nope, read it again. The exemptions for commissioned security guards only applies to sections (a)(5) and (a)(4) which are airports and racetracks respectively.

[switch]

46.15 exempts police officers (and others) from the restrictions in 46.02 and 46.03 BUT it only exempts security guards from 46.02, NOT 46.03.

[texanjoker]

Schools hire armored guards all the time as couriers. I see it almost daily. They hold level III guard cards. Level IV, PPO's can also carry in plain clothing concealed if in their official duties. Since they are hired by the school, they are exempt. 46.15 covers it better.

(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;

[switch]

That only covers 46.02 (illegal knife, handgun or club), NOT 46.03 - (schools). They need written permission.

[texanjoker]

That only covers 46.02 (illegal knife, handgun or club), NOT 46.03 - (schools). They need written permission.

If the school has hired them, they are going to have permission.

[gthaustex]

Schools hire armored guards all the time as couriers. I see it almost daily. They hold level III guard cards. Level IV, PPO's can also carry in plain clothing concealed if in their official duties. Since they are hired by the school, they are exempt. 46.15 covers it better.

(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;

Texanjoker,

Do you know what the armed couriers are there to do? I ask out of genuine curiosity. Carrying cash receipts from the daily / weekly cafeteria sales? I just didn't think that many schools would need someone to perform duties as an armed individual unless they are there for physical campus security....

Thanks

[texanjoker]

Schools hire armored guards all the time as couriers. I see it almost daily. They hold level III guard cards. Level IV, PPO's can also carry in plain clothing concealed if in their official duties. Since they are hired by the school, they are exempt. 46.15 covers it better.

(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;

Texanjoker,

Do you know what the armed couriers are there to do? I ask out of genuine curiosity. Carrying cash receipts from the daily / weekly cafeteria sales? I just didn't think that many schools would need someone to perform duties as an armed individual unless they are there for physical campus security....

Thanks

Picking up money. Unk how much.

[n5wd]

Do you know what the armed couriers are there to do? I ask out of genuine curiosity. Carrying cash receipts from the daily / weekly cafeteria sales? I just didn't think that many schools would need someone to perform duties as an armed individual unless they are there for physical campus security....

The guards are there to pick up receipts from cafeteria, yearbook sales, fines, fees, and other miscellaneous monies. You'd probably be surprised how much money in cash and checks a school collects for various things. The districts hire the courier companies so that district personnel aren't shuffling the receipts back and forth from their home campus to the administration building/or the bank in their private vehicles - if they were doing so and got in an accident, for example, that would put the district on the hook for the claim (on both sides).. To do otherwise would also take away time from what is already a busy schedule of a school's clerk or secretary.