I read through the lengthy CHL badge discussion/bashing, but the questions were not really answered.
1. Is openly wearing a CHL badge legal in TX?
2. What about wearing it concealed?
3. Also why did everybody assume the CHLer would carry a badge openly? Don't see much wrong with carrying it concealed and right beside the also-concealed gun.
A dead horse - CHL badge
Moderators: carlson1, Charles L. Cotton
A dead horse - CHL badge
Please help the wounded store owner who fought off 3 robbers. He doesn't have medical insurance.
http://www.giveforward.com/ramoncastillo" onclick="window.open(this.href);return false;
http://www.click2houston.com/news/26249961/detail.html" onclick="window.open(this.href);return false;
http://www.giveforward.com/ramoncastillo" onclick="window.open(this.href);return false;
http://www.click2houston.com/news/26249961/detail.html" onclick="window.open(this.href);return false;
Also funny is lots people brought up the impersonating cop thing with CHL badge. I am really stupid, but I cannot read that out of the code. As long as you don't do anything a public servant with a real badge would do, wearing a badge does nothing more than just wearing a badge.
Texas Penal Code
§37.11. Impersonating public servant.
(a) A person commits an offense if he:
(1) impersonates a public servant with intent to induce
another to submit to his pretended official authority or to rely on
his pretended official acts; or
(2) knowingly purports to exercise any function of a public
servant or of a public office, including that of a judge and court,
and the position or office through which he purports to exercise a
function of a public servant or public office has no lawful existence
under the constitution or laws of this state or of the United States.
(b) An offense under this section is a felony of the third
degree.
Texas Penal Code
§37.11. Impersonating public servant.
(a) A person commits an offense if he:
(1) impersonates a public servant with intent to induce
another to submit to his pretended official authority or to rely on
his pretended official acts; or
(2) knowingly purports to exercise any function of a public
servant or of a public office, including that of a judge and court,
and the position or office through which he purports to exercise a
function of a public servant or public office has no lawful existence
under the constitution or laws of this state or of the United States.
(b) An offense under this section is a felony of the third
degree.
Please help the wounded store owner who fought off 3 robbers. He doesn't have medical insurance.
http://www.giveforward.com/ramoncastillo" onclick="window.open(this.href);return false;
http://www.click2houston.com/news/26249961/detail.html" onclick="window.open(this.href);return false;
http://www.giveforward.com/ramoncastillo" onclick="window.open(this.href);return false;
http://www.click2houston.com/news/26249961/detail.html" onclick="window.open(this.href);return false;
Sorry, I am only interested in the legality, not the stupidity. *smile. I know it's stupid.
KBCraig wrote:As you said: dead horse. Why beat it?
I'm less concerned with the legality, than with the stupidity of it. Trying to show a badge is stupid. And despite all the TV and movies you've watched, off duty LEOs know better, too.
Kevin
Please help the wounded store owner who fought off 3 robbers. He doesn't have medical insurance.
http://www.giveforward.com/ramoncastillo" onclick="window.open(this.href);return false;
http://www.click2houston.com/news/26249961/detail.html" onclick="window.open(this.href);return false;
http://www.giveforward.com/ramoncastillo" onclick="window.open(this.href);return false;
http://www.click2houston.com/news/26249961/detail.html" onclick="window.open(this.href);return false;
-
HighVelocity
- Senior Member
- Posts: 3374
- Joined: Thu Feb 10, 2005 7:54 pm
- Location: DFW, TX
- Contact:
If you were in posession of a badge that "resembles" what a reasonable person might perceive as a representation of law enforcement or other official personel. And you just happened to walk into a conflict between actual law enforcement personel and other persons, I don't think its much of a stretch to presume you were either A: an officer, or B: pretending to be one. Either way, it could be expensive for you.
I am not a Lawyer so my opinions are not legal advice and should not be taken as such.
€ posted from Blackberry wireless device ¤
I am not a Lawyer so my opinions are not legal advice and should not be taken as such.
€ posted from Blackberry wireless device ¤
I am scared of empty guns and keep mine loaded at all times. The family knows the guns are loaded and treats them with respect. Loaded guns cause few accidents; empty guns kill people every year. -Elmer Keith. 1961
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anygunanywhere
- Senior Member
- Posts: 7877
- Joined: Fri Apr 01, 2005 9:16 am
- Location: Richmond, Texas
Re: A dead horse - CHL badge
Stupid wrote:I read through the lengthy CHL badge discussion/bashing, but the questions were not really answered.
1. Is openly wearing a CHL badge legal in TX?
2. What about wearing it concealed?
3. Also why did everybody assume the CHLer would carry a badge openly? Don't see much wrong with carrying it concealed and right beside the also-concealed gun.
"When democracy turns to tyranny, the armed citizen still gets to vote." Mike Vanderboegh
"The Smallest Minority on earth is the individual. Those who deny individual rights cannot claim to be defenders of minorities." – Ayn Rand
"The Smallest Minority on earth is the individual. Those who deny individual rights cannot claim to be defenders of minorities." – Ayn Rand
Re: A dead horse - CHL badge
Don't see it's really a dead horse as none of listed question is answered.
anygunanywhere wrote:Stupid wrote:I read through the lengthy CHL badge discussion/bashing, but the questions were not really answered.
1. Is openly wearing a CHL badge legal in TX?
2. What about wearing it concealed?
3. Also why did everybody assume the CHLer would carry a badge openly? Don't see much wrong with carrying it concealed and right beside the also-concealed gun.
Please help the wounded store owner who fought off 3 robbers. He doesn't have medical insurance.
http://www.giveforward.com/ramoncastillo" onclick="window.open(this.href);return false;
http://www.click2houston.com/news/26249961/detail.html" onclick="window.open(this.href);return false;
http://www.giveforward.com/ramoncastillo" onclick="window.open(this.href);return false;
http://www.click2houston.com/news/26249961/detail.html" onclick="window.open(this.href);return false;
Pls read the code. I highlighted the part that you need to read. It specifically said:
(1) impersonates a public servant with intent to induce another to submit to his pretended official authority or to rely on his pretended official acts; or
(2) knowingly purports to exercise any function of a public
servant or of a public office, including that of a judge and court,
and the position or office through which he purports to exercise a
function of a public servant or public office has no lawful existence
under the constitution or laws of this state or of the United States.
(1) impersonates a public servant with intent to induce another to submit to his pretended official authority or to rely on his pretended official acts; or
(2) knowingly purports to exercise any function of a public
servant or of a public office, including that of a judge and court,
and the position or office through which he purports to exercise a
function of a public servant or public office has no lawful existence
under the constitution or laws of this state or of the United States.
HighVelocity wrote:If you were in posession of a badge that "resembles" what a reasonable person might perceive as a representation of law enforcement or other official personel. And you just happened to walk into a conflict between actual law enforcement personel and other persons, I don't think its much of a stretch to presume you were either A: an officer, or B: pretending to be one. Either way, it could be expensive for you.
I am not a Lawyer so my opinions are not legal advice and should not be taken as such.
€ posted from Blackberry wireless device ¤
Please help the wounded store owner who fought off 3 robbers. He doesn't have medical insurance.
http://www.giveforward.com/ramoncastillo" onclick="window.open(this.href);return false;
http://www.click2houston.com/news/26249961/detail.html" onclick="window.open(this.href);return false;
http://www.giveforward.com/ramoncastillo" onclick="window.open(this.href);return false;
http://www.click2houston.com/news/26249961/detail.html" onclick="window.open(this.href);return false;
-
HighVelocity
- Senior Member
- Posts: 3374
- Joined: Thu Feb 10, 2005 7:54 pm
- Location: DFW, TX
- Contact:
I did read the code you posted. You need to realize that your "intent" will be decided by the judge and or jury after the fact. This will cost you a pile of money.
I am scared of empty guns and keep mine loaded at all times. The family knows the guns are loaded and treats them with respect. Loaded guns cause few accidents; empty guns kill people every year. -Elmer Keith. 1961
Re: A dead horse - CHL badge
1. As far as I can tell there is nothing in the law that would prohibit you from simply wearing a badge openly.Stupid wrote:I read through the lengthy CHL badge discussion/bashing, but the questions were not really answered.
1. Is openly wearing a CHL badge legal in TX?
2. What about wearing it concealed?
3. Also why did everybody assume the CHLer would carry a badge openly? Don't see much wrong with carrying it concealed and right beside the also-concealed gun.
2. Same as above.
3. I have no idea.
Now my take. I see no legitimate reason to wear a badge openly or concealed. Regardless of what you believe your intent to be, a badge is viewed by the public at large as a symbol of a public servant with some degree of official authority. You will be viewed by most of the public as either to be a public servant or to be impersonating one. There is my take on this Dead Horse.
Not quite. Correct me if I am wrong, the law does not punish "intent". Your action speaks louder than your intent, and is punishable by law.
the way I read it, as long as you don't flash your CHL badge and tell other people you are an officer of some sort. You have broken no law whatsoever. Even a cop wouldn't harrass you. For what? wearing a piece of metal saying CHL?
the way I read it, as long as you don't flash your CHL badge and tell other people you are an officer of some sort. You have broken no law whatsoever. Even a cop wouldn't harrass you. For what? wearing a piece of metal saying CHL?
HighVelocity wrote:I did read the code you posted. You need to realize that your "intent" will be decided by the judge and or jury after the fact. This will cost you a pile of money.
Last edited by Stupid on Sat Jan 13, 2007 12:37 pm, edited 1 time in total.
Please help the wounded store owner who fought off 3 robbers. He doesn't have medical insurance.
http://www.giveforward.com/ramoncastillo" onclick="window.open(this.href);return false;
http://www.click2houston.com/news/26249961/detail.html" onclick="window.open(this.href);return false;
http://www.giveforward.com/ramoncastillo" onclick="window.open(this.href);return false;
http://www.click2houston.com/news/26249961/detail.html" onclick="window.open(this.href);return false;
Again, I am not interested in "why". I am only interested in the legality of carrying one.
S&W6946 wrote:One simple question: A CHL "badge" means nothing - What is the purpose for carrying/wearing one?
Please help the wounded store owner who fought off 3 robbers. He doesn't have medical insurance.
http://www.giveforward.com/ramoncastillo" onclick="window.open(this.href);return false;
http://www.click2houston.com/news/26249961/detail.html" onclick="window.open(this.href);return false;
http://www.giveforward.com/ramoncastillo" onclick="window.open(this.href);return false;
http://www.click2houston.com/news/26249961/detail.html" onclick="window.open(this.href);return false;
-
HighVelocity
- Senior Member
- Posts: 3374
- Joined: Thu Feb 10, 2005 7:54 pm
- Location: DFW, TX
- Contact:
Your not seeing the big picture. The way YOU read it doesn't mean a thing in court. Regardless of the outcome, it's going to be expensive for you. At the very least you'd miss work for court dates. Your interpretation of the code has nothing to do with what "might" happen to you. Don't assume that every Officer you come in contact with will be knowledgeable on every single line of the penal codes. You can carry that code on a piece of paper in your pocket but I seriously doubt the officer will appreciate you trying to tell him his job.Stupid wrote:Not quite. Correct me if I am wrong, the law does not punish "intent". Your action speaks louder than your intent, which is punishable by law.
the way I read it, as long as you don't flash your CHL badge and tell other people you are an officer of some sort. You have broken no law whatsoever. Even a cop wouldn't harrass you. For what? wearing a piece of metal saying CHL?
HighVelocity wrote:I did read the code you posted. You need to realize that your "intent" will be decided by the judge and or jury after the fact. This will cost you a pile of money.
I am scared of empty guns and keep mine loaded at all times. The family knows the guns are loaded and treats them with respect. Loaded guns cause few accidents; empty guns kill people every year. -Elmer Keith. 1961