Error in DPS statistics?

[RPBrown]

Carrying into prohibited places, Professional sports, courthouses etc. perhaps?

[jbarn]

Carrying into prohibited places, Professional sports, courthouses etc. perhaps?

Those are violations of other laws. They have their own listings.....

[G.A. Heath]

It could be Out of State LEOS carrying under LEOSA. They carry under the CHL laws when out of state but most do not have their state's version of a CHL.

[jmorris]

Just googling I found two references.
http://www.myharlingennews.com/?p=27839" onclick="window.open(this.href);return false;
Where a Hidalgo County Detention Officer worked an unauthorized off-duty security detail at a bar wearing a t-shirt with POLICE on it and open carrying. He was charged with with False Identification as a Peace Officer and Unlawful Carrying of a weapon by License Holder.

http://attorneyandynolen.com/blog/2011/ ... formation/" onclick="window.open(this.href);return false;
During a traffic stop a firearm was found inside the car. The female was arrested for DWI & unlawful carrying of a weapon by license holder.

In neither incident is it reported that they have CHLs.

[jbarn]

Just googling I found two references.
http://www.myharlingennews.com/?p=27839" onclick="window.open(this.href);return false;
Where a Hidalgo County Detention Officer worked an unauthorized off-duty security detail at a bar wearing a t-shirt with POLICE on it and open carrying. He was charged with with False Identification as a Peace Officer and Unlawful Carrying of a weapon by License Holder.

http://attorneyandynolen.com/blog/2011/ ... formation/" onclick="window.open(this.href);return false;
During a traffic stop a firearm was found inside the car. The female was arrested for DWI & unlawful carrying of a weapon by license holder.

In neither incident is it reported that they have CHLs.

If neither had a CHL then the charge of Unlawful Carrying a Weapon by a license holder is improper. That offense is Penal Code 46.035, and states that a pereon commits an offense if he carries a handgun under 411 of the Government code and then commits and act outlawed by 46.035, there is an offense.

In the first incident, althought he was not identified as having a CHL, he must have or the charge is incorrect. The section charged was for intentionally displaying the firearm. In the latter, she had to have a CHL to be charged. She she was intoxicated, she violated the DWI law as well as 46.035.

See highlights in red.

Texas Penal Code



Sec. 46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER. (a) A license holder commits an offense if the license holder carries a handgun on or about the license holder's person under the authority of Subchapter H, Chapter 411, Government Code, and intentionally displays the handgun in a public place in plain view of another.
b) A license holder commits an offense if the license holder intentionally, knowingly, or recklessly carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, regardless of whether the handgun is concealed, on or about the license holder's person:
(1) on the premises of a business that has a permit or license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic Beverage Code, if the business derives 51 percent or more of its income from the sale or service of alcoholic beverages for on-premises consumption, as determined by the Texas Alcoholic Beverage Commission under Section 104.06, Alcoholic Beverage Code;
(2) on the premises where a high school, collegiate, or professional sporting event or interscholastic event is taking place, unless the license holder is a participant in the event and a handgun is used in the event;
(3) on the premises of a correctional facility;
(4) on the premises of a hospital licensed under Chapter 241, Health and Safety Code, or on the premises of a nursing home licensed under Chapter 242, Health and Safety Code, unless the license holder has written authorization of the hospital or nursing home administration, as appropriate;
(5) in an amusement park; or
(6) on the premises of a church, synagogue, or other established place of religious worship.
(c) A license holder commits an offense if the license holder intentionally, knowingly, or recklessly carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, regardless of whether the handgun is concealed, at any meeting of a governmental entity.
(d) A license holder commits an offense if, while intoxicated, the license holder carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, regardless of whether the handgun is concealed.

[WildBill]

It could be Out of State LEOS carrying under LEOSA. They carry under the CHL laws when out of state but most do not have their state's version of a CHL.

It's a data error or it's got to be something else. That's the best I've heard so far!

I just didn't think there would be that many arrests of out of state LEOs.

[gringo pistolero]

I'm surprised nobody has been able to get a straight answer from DPS. It shouldn't violate the aggregation rule to reveal how they're aggregating.

[WildBill]

I'm surprised nobody has been able to get a straight answer from DPS. It shouldn't violate the aggregation rule to reveal how they're aggregating.

I don't think anyone has contacted DPS. I don't think it violates any rule, but I am sure they have plenty of other stuff to do. Why don't you call and ask?

[jbarn]

It could be Out of State LEOS carrying under LEOSA. They carry under the CHL laws when out of state but most do not have their state's version of a CHL.

It's a data error or it's got to be something else. That's the best I've heard so far!

I just didn't think there would be that many arrests of out of state LEOs.

It is not out of state LEO's.

[WildBill]

It could be Out of State LEOS carrying under LEOSA. They carry under the CHL laws when out of state but most do not have their state's version of a CHL.

It's a data error or it's got to be something else. That's the best I've heard so far!

I just didn't think there would be that many arrests of out of state LEOs.

It is not out of state LEO's.

You seem to know everything that it isn't.

Don't keep us in suspense.

What is it?

[Keith B]

It could be Out of State LEOS carrying under LEOSA. They carry under the CHL laws when out of state but most do not have their state's version of a CHL.

It's a data error or it's got to be something else. That's the best I've heard so far!

I just didn't think there would be that many arrests of out of state LEOs.

It is not out of state LEO's.

You seem to know everything that it isn't.

Don't keep us in suspense.

What is it?

Yes, please, do share your knowledge with us.

[WildBill]

A Level III Texas Security Officer would have a license to carry, but not a CHL.

[Keith B]

A Level III Texas Security Officer would have a license to carry, but not a CHL.

Yeah, but I don't believe that 46.035 applies to the them without a CHL. 46.035 specifically references Subchapter H, Chapter 411 Government Code which is only for CHL's. And 46.035(e) references security officers, but says 'A license holder..', so only applies to :

(e) A license holder who is licensed as a security officer under Chapter 1702, Occupations Code, and employed as a security officer commits an offense if, while in the course and scope of the security officer's employment, the security officer violates a provision of Subchapter H, Chapter 411, Government Code.

[WildBill]

A Level III Texas Security Officer would have a license to carry, but not a CHL.

Yeah, but I don't believe that 46.035 applies to the them without a CHL. 46.035 specifically references Subchapter H, Chapter 411 Government Code which is only for CHL's. And 46.035(e) references security officers, but says 'A license holder..', so only applies to :

(e) A license holder who is licensed as a security officer under Chapter 1702, Occupations Code, and employed as a security officer commits an offense if, while in the course and scope of the security officer's employment, the security officer violates a provision of Subchapter H, Chapter 411, Government Code.

You are correct, but the statistical summary doesn't list the section of the law they were convicted. Unless I missed it. When you are summarizing data you sometimes add similar things together.
In fact I did that today while working on some excel files.

At any rate, I am still waiting for the truth.

[jbarn]

A Level III Texas Security Officer would have a license to carry, but not a CHL.

And he would not be charged with Unlawful carry by a license holder. He is not carrying under a CHL, and that offense requires, as an element of the offense, the person to be carrying under the authority of a CHL.

A level 3 guard who carried in the open a this guy did could not be charged with that. He could be charged with impersonating, as he was. He could be charged with Unlawfully carry of a weapon, which is PC 46.02.