The several San Diego PD officers who were friends of mine often confirmed that they were required to have badge and weapon with them 24/7, drunk, sober, asleep, at Charger games, asleep at Charger games, always.
I believe that SDSO had the same requirement.
Of course, there are fewer than 2,000 CHL permits issued in SD Co.
Actually it is against both those agencies policy to carry while intoxicated. Both do require the carrying of the badge/ID at
That's not what I said or my friends say. What they told me was they must carry all the time. I imagine it is against policy to be intoxicated, at least publicly.
I remember the fracus in Del Mar. All the radio talk show hosts went berserk, the Mayor was on the defensive, actually with this "must carry" policy. Roger Hedgecock was particularly vocal. I did not hear how it was resolved.
I am not sure what they told you, but I replied to what you stated. I personally know both of those agencies policy and that is not it. Neither requires a leo to carry 24/7 when off duty. They do require the leo to carry badge/ID when carrying off duty. Both do not allow a leo to carry a weapon while intoxicated or intoxicated at a san diego super choker football game. Can you imagine the liability if they required people to carry while armed and intoxicated? Lawyers wouldn't allow a policy like that.
I guess the NFL will save everybody from rogue cops by their ban
Last edited by texanjoker on Tue Oct 08, 2013 9:43 pm, edited 1 time in total.
How many people have there been shot by off duty cops at NFL games in total? How about ones that didn't need to be shot?
Aren't most/many of the cops working security off duty cops? Not sure why they felt the need to address this at this time.
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The several San Diego PD officers who were friends of mine often confirmed that they were required to have badge and weapon with them 24/7, drunk, sober, asleep, at Charger games, asleep at Charger games, always.
I believe that SDSO had the same requirement.
Of course, there are fewer than 2,000 CHL permits issued in SD Co.
Actually it is against both those agencies policy to carry while intoxicated. Both do require the carrying of the badge/ID at
That's not what I said or my friends say. What they told me was they must carry all the time. I imagine it is against policy to be intoxicated, at least publicly.
I remember the fracus in Del Mar. All the radio talk show hosts went berserk, the Mayor was on the defensive, actually with this "must carry" policy. Roger Hedgecock was particularly vocal. I did not hear how it was resolved.
I just replied to your post about your friends stating what you posted. I am not sure what they told you, but I personally know both of those agencies policy and that is not it. Neither requires a leo to carry 24/7 when off duty. They do require the leo to carry badge/ID when carrying off duty. Both do not allow a leo to carry a weapon while intoxicated or intoxicated at a san diego super choker football game.
I guess the NFL will save everybody from rogue cops by their ban
Don't know that anyone will be saved, but they are ensuring that everyone in the stands will have the same "NFL Experience".
Just a really dumb move on their part. I do believe CHL should be allowed to carry anywhere an off duty LEO carries, but by no means do I ever want a firearm taken out of the hands of one of the GGs. My intended approach is one of "If you can, I can". Not the approach of "If I can't, you can't".
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It's also not going to work in Texas. Texas law prohibits them from barring armed peace officers. I don't like that law one bit, but it's the law.
Chas.
Tex. Penal Code §30.05 wrote:(i) This section does not apply if:
(1) the basis on which entry on the property or land or in the building was forbidden is that entry with a handgun or other weapon was forbidden; and
(2) the actor at the time of the offense was a peace officer, including a commissioned peace officer of a recognized state, or a special investigator under Article 2.122, Code of Criminal Procedure, regardless of whether the peace officer or special investigator was engaged in the actual discharge of an official duty while carrying the weapon.
Charles L. Cotton wrote:It's also not going to work in Texas. Texas law prohibits them from barring armed peace officers. I don't like that law one bit, but it's the law.
Chas.
Tex. Penal Code §30.05 wrote:(i) This section does not apply if:
(1) the basis on which entry on the property or land or in the building was forbidden is that entry with a handgun or other weapon was forbidden; and
(2) the actor at the time of the offense was a peace officer, including a commissioned peace officer of a recognized state, or a special investigator under Article 2.122, Code of Criminal Procedure, regardless of whether the peace officer or special investigator was engaged in the actual discharge of an official duty while carrying the weapon.
Chas, might I ask what the issue is with that law and your dislike for it?
I assume it is either privet property owner rights deal.. or that it gives a LEO a protected privileged that should also be afforded a CHL'er...
But wanted to ask.
Thanks
Erik
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Charles L. Cotton wrote:It's also not going to work in Texas. Texas law prohibits them from barring armed peace officers. I don't like that law one bit, but it's the law.
Chas.
Tex. Penal Code §30.05 wrote:(i) This section does not apply if:
(1) the basis on which entry on the property or land or in the building was forbidden is that entry with a handgun or other weapon was forbidden; and
(2) the actor at the time of the offense was a peace officer, including a commissioned peace officer of a recognized state, or a special investigator under Article 2.122, Code of Criminal Procedure, regardless of whether the peace officer or special investigator was engaged in the actual discharge of an official duty while carrying the weapon.
Chas, might I ask what the issue is with that law and your dislike for it?
I assume it is either privet property owner rights deal.. or that it gives a LEO a protected privileged that should also be afforded a CHL'er...
But wanted to ask.
Thanks
Erik
Private property owners cannot bar an armed LEO from their property, even their home. It makes no difference if the LEO is there on official business, or is off-duty. That's absurd! (LEOs, please don't tell me you're never off-duty.)
Charles L. Cotton wrote:It's also not going to work in Texas. Texas law prohibits them from barring armed peace officers. I don't like that law one bit, but it's the law.
Chas.
Tex. Penal Code §30.05 wrote:(i) This section does not apply if:
(1) the basis on which entry on the property or land or in the building was forbidden is that entry with a handgun or other weapon was forbidden; and
(2) the actor at the time of the offense was a peace officer, including a commissioned peace officer of a recognized state, or a special investigator under Article 2.122, Code of Criminal Procedure, regardless of whether the peace officer or special investigator was engaged in the actual discharge of an official duty while carrying the weapon.
Chas, might I ask what the issue is with that law and your dislike for it?
I assume it is either privet property owner rights deal.. or that it gives a LEO a protected privileged that should also be afforded a CHL'er...
But wanted to ask.
Thanks
Erik
Private property owners cannot bar an armed LEO from their property, even their home. It makes no difference if the LEO is there on official business, or is off-duty. That's absurd! (LEOs, please don't tell me you're never off-duty.)
Chas.
Well is it that they cannot bar them from being armed or that there is no consequence for ignoring the wishes of the property owner?
Charles L. Cotton wrote:It's also not going to work in Texas. Texas law prohibits them from barring armed peace officers. I don't like that law one bit, but it's the law.
Chas.
Tex. Penal Code §30.05 wrote:(i) This section does not apply if:
(1) the basis on which entry on the property or land or in the building was forbidden is that entry with a handgun or other weapon was forbidden; and
(2) the actor at the time of the offense was a peace officer, including a commissioned peace officer of a recognized state, or a special investigator under Article 2.122, Code of Criminal Procedure, regardless of whether the peace officer or special investigator was engaged in the actual discharge of an official duty while carrying the weapon.
Chas, might I ask what the issue is with that law and your dislike for it?
I assume it is either privet property owner rights deal.. or that it gives a LEO a protected privileged that should also be afforded a CHL'er...
But wanted to ask.
Thanks
Erik
Private property owners cannot bar an armed LEO from their property, even their home. It makes no difference if the LEO is there on official business, or is off-duty. That's absurd! (LEOs, please don't tell me you're never off-duty.)
Chas.
Well is it that they cannot bar them from being armed or that there is no consequence for ignoring the wishes of the property owner?
I don't understand your question. The only way to bar an armed CHL from one's private property is by use of TPC §30.06. The only way to bar any non-CHL is by use of TPC §30.05 and LEO's are exempt from §30.05, if the reason for barring their entry is the fact that they have a gun.
If I have a social event at my home and a LEO friend comes, I cannot bar him from entering or staying on the property because I have no legal recourse to have him removed or prosecuted, as I would with a non-LEO. That's utterly absurd.
Most folks would be shocked to see the list of very pro-gun, A-Rated officials who signed onto that bill. Only two are still in the House, but others were standard bearers for the Second Amendment and gun owners. I was furious, but because of the players, I couldn't say much. The provision about LEO's was so far outside the caption, that it clearly violated the germane rule in the House, but no one called a point-of-order. In case you can't tell, this still makes me hot!!
Charles L. Cotton wrote:It's also not going to work in Texas. Texas law prohibits them from barring armed peace officers. I don't like that law one bit, but it's the law.
Chas.
Tex. Penal Code §30.05 wrote:(i) This section does not apply if:
(1) the basis on which entry on the property or land or in the building was forbidden is that entry with a handgun or other weapon was forbidden; and
(2) the actor at the time of the offense was a peace officer, including a commissioned peace officer of a recognized state, or a special investigator under Article 2.122, Code of Criminal Procedure, regardless of whether the peace officer or special investigator was engaged in the actual discharge of an official duty while carrying the weapon.
Wow, I never read all of 30.05, now that I have I am surprised by it.
So what limits are there on Peace Officers that forbid them to enter or stay on property of another? It looks like the Third and Fouth Amendment took a holiday when they wrote this law.
"I cannot undertake to lay my finger on that article of the Constitution which granted a right to Congress of expending, on objects of benevolence, the money of their constituents." -- James Madison
Charles L. Cotton wrote:It's also not going to work in Texas. Texas law prohibits them from barring armed peace officers. I don't like that law one bit, but it's the law.
Chas.
Tex. Penal Code §30.05 wrote:(i) This section does not apply if:
(1) the basis on which entry on the property or land or in the building was forbidden is that entry with a handgun or other weapon was forbidden; and
(2) the actor at the time of the offense was a peace officer, including a commissioned peace officer of a recognized state, or a special investigator under Article 2.122, Code of Criminal Procedure, regardless of whether the peace officer or special investigator was engaged in the actual discharge of an official duty while carrying the weapon.
Wow, I never read all of 30.05, now that I have I am surprised by it.
So what limits are there on Peace Officers that forbid them to enter or stay on property of another? It looks like the Third and Fouth Amendment took a holiday when they wrote this law.
The way I read that, I can bar any specific person, regardless of whether they are LE. I just cannot generically say "armed LE not welcome". But I can say "Joe Smith get out", even if Joe is LE (unless he's there in an official capacity and acting under legal authority).
I am not a lawyer. This is NOT legal advice.! Nothing tempers idealism quite like the cold bath of reality.... SQLGeek