Kythas wrote:Hot Texan wrote:Sure. Those are places where LEO generally can't carry either, but there's no reason someone with a CHL shouldn't be legally able to carry everywhere a LEO can while not in the actual discharge of their duties. If a cop can carry while voting during their lunch break, no citizen with a CHL should be denied the same confluence of rights.
During the mid-term elections there was a cop at my voting location standing in line in front of me. He was in uniform, but his holster was empty. I asked him about it and he said it was illegal for him to carry at a polling place while off-duty. He said firearms are only legal for officers who are in the process of discharging their duty.
I'm not sure if he was right or wrong. It's just what he told me.
On the law, he's wrong. And he should know better. What he
may have been alluding to is some policy particular to his department, but there is no state law banning a peace officer from carrying in a polling place, on or off duty.
Sec. 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): (2) on the premises of a polling place on the day of an election or while early voting is in progress;
Sec. 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;
Edited to add: other possibility is the person you met was a security guard and not a peace officer