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by Charles L. Cotton
Sat May 17, 2014 11:42 am
Forum: General Texas CHL Discussion
Topic: McKinney police headquarters event
Replies: 2
Views: 521

Re: McKinney police headquarters event

Police departments are not statutorily off-limits and they cannot render them off-limits via TPC §30.06. However, they can disarm CHLs entering the building under very limited circumstances and one of the requirements is that they have lockboxes for the CHLs' handgun(s). The event you describe is outside, so see the relevant codes sections below.

Chas.
Tex. Gov't Code §411.207 wrote:Sec. 411.207. AUTHORITY OF PEACE OFFICER TO DISARM.

(b) A peace officer who is acting in the lawful discharge of the officer's official duties may temporarily disarm a license holder when a license holder enters a nonpublic, secure portion of a law enforcement facility, if the law enforcement agency provides a gun locker where the peace officer can secure the license holder's handgun. The peace officer shall secure the handgun in the locker and shall return the handgun to the license holder immediately after the license holder leaves the nonpublic, secure portion of the law enforcement facility.

(c) A law enforcement facility shall prominently display at each entrance to a nonpublic, secure portion of the facility a sign that gives notice in both English and Spanish that, under this section, a peace officer may temporarily disarm a license holder when the license holder enters the nonpublic, secure portion of the facility. The sign must appear in contrasting colors with block letters at least one inch in height. The sign shall be displayed in a clearly visible and conspicuous manner.

(d) In this section:
  • (1) "Law enforcement facility" means a building or a portion of a building used exclusively by a law enforcement agency that employs peace officers as described by Articles 2.12(1) and (3), Code of Criminal Procedure, and support personnel to conduct the official business of the agency. The term does not include:
    • (A) any portion of a building not actively used exclusively to conduct the official business of the agency; or

      (B) any public or private driveway, street, sidewalk, walkway, parking lot, parking garage, or other parking area.
    (2) "Nonpublic, secure portion of a law enforcement facility" means that portion of a law enforcement facility to which the general public is denied access without express permission and to which access is granted solely to conduct the official business of the law enforcement agency.

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