TexasCHLforum.com

KBCraig wrote:You'll never have any doubt about when you're carrying a firearm as part of your "actual discharge of official duties as a member of the armed forces or state military forces", because the service will be handing you a gun and telling you to carry it.

Anything short of that would be unofficial.

I don't think the law says 'is carrying a firearm in discharge of official duties', but rather the *member* is in discharge of official duties, or at least that's how I read it....

§46.02. Unlawful carrying weapons.

(a) A person commits an offense if he intentionally,
knowingly, or recklessly carries on or about his person a handgun,
illegal knife, or club.

46.15 Non-Applicability
(b) Section 46.02 does not apply to a person who:

(1) (As added by L.1997, chap. 1221(4). See other paragraph (1)
below.) is in the actual discharge of official duties as a member of
the armed forces or state military forces as defined by Section
431.001, Government Code, or as an employee of a penal institution
who is performing a security function;

(1) (As added by L.1997, chap. 1261(28). See other paragraph
(1) above.) is in the actual discharge of official duties as a member
of the armed forces or state military forces as defined by Section
431.001, Government Code, or as a guard employed by a penal
institution;

I've wondered about this clause - what do they mean by "actual discharge of official duties"? Does this mean a military cop who normally carries a weapon day-to-day? Or what about me? I'm an active duty Air Force doc, assigned to a local government agency. My normal duties don't require me to carry a gun (only when in dry, sandy places) - heck, I don't even wear a uniform. We're told by the command chain that we're on duty 24/7.

Does that mean I could carry anytime/anywhere? I'm betting not. I might be able to convince a jury that I was legal, but it would be a whole lotta $$$ and some time behind bars until it got worked out. I don't think that would be too good for my career.

It's an interesting piece of law, but I'm really curious what the intent was.

Keith
[Yes, I have my Texas CHL]