Federal agents are not peace officers right?

[Doug.38PR]

That's why I'm told you do not have to inform Border Patrol agents that you are carrying. So, what about say the Secret Service.
If I am downtown and the Pres. is giving a speech a few blocks away and SS men are all over and one approaches me, do I have to tell him I'm armed. Does he have the authority to disarm me? (if he's not making a legal justified arrest of course)

Or if I am eating in a restaruant and the president comes in with his SS men. Do they have the right to search and disarm me as a paying customer breaking no law?

[boomerang]

According to Article 2.122 of the Texas Code of Criminal Procedure they "shall not be deemed peace officers" so there doesn't seem to be any requirement in Texas law to display your CHL to the Feds.

[Doug.38PR]

so do they have the legal authority to search and disarm me?

Constitutionally according to the 2nd and 4th amendments of the Bill of Rights they don't...but how long has it been since that document mattered to the feds?

[boomerang]

They carry machine guns. Sometimes discretion is the better part of valor.

IANAL

[jbirds1210]

I agree that they are not a Peace Officer in the State of Texas. I must also admit that I am not fluent in the Patriot Act to stand and argue and would gladly show my license.

Ah, so that's what an MP5 looks like!

In addition to the powers of arrest, search, and seizure under Subsection (a), a Special Agent of the Secret Service protecting a person described by 18 U.S.C. Section 3056(a) or investigating a threat against a person described by 18 U.S.C. Section 3056(a) has the powers of arrest, search, and seizure as to:
(1) misdemeanor offenses under the laws of this state; and
(2) any criminal offense under federal law.

[jimlongley]

They carry machine guns. Sometimes discretion is the better part of valor.

IANAL

Must be some awfully strong feds out there these days, in my recollection the few that actually carry full auto firearms usually carry small ones, like submachine guns. I'll bet those things are tough to conceal too, the tailoring on their clothes must be real expensive.

[Lodge2004]

I don't know if they are peace officers, but have been in the presence of the SS while they were protecting the VP. They leave NO doubt as to who is in charge. They absolutely control (dominate) the area around the person they are protecting.

Challenging them, on any issue, would probably result in your immediate apprehension and removal from the scene. They would sort out the legalities later.

[DONT TREAD ON ME]

the tailoring on their clothes must be real expensive.

And we all know who pays for that...We, The People!!!

[The Annoyed Man]

If challenged by SS, I would cooperate and show ID+CHL. My reason for showing the CHL even though it may not be required is that I would want to establish up front that I am carrying lawfully, rather than risk getting made and swarmed by a half-dozen guys larger than me with no inclination to be merciful about it. If asked to surrender my weapon, I would express my preference to simply leave the area without surrendering it, as I don't have to be there. If I had to be there, then I would demand written and signed assurance that my weapon would be returned to me as soon as either I or the POTUS/VPOTUS depart. I would also ask A) can we do this in private since I don't want to freak people out around me; and B) do you want me to hand it to you, or do you want to remove it from its holster yourself? It isn't that I want to be subservient, I just very much want to avoid the possibility of getting shot or injured by an anxious agent who is misinterpreting my actions.

If I had advance warning that the POTUS/VPOTUS was going to be at that place on that day, I would just stay away. I hate crowds anyway.

And not to hijack the thread, but this scenario gets me to asking a general question about disarming at the request of an LEO too, and that is: How is it usually done? If you are carrying when you are stopped by an cop whether in your vehicle or just walking down the street, for instance, you show CHL, and he/she asks you to disarm, how is it usually done? I REALLY don't want to get shot by a nervous officer.

(...and I already know they are not supposed to do it, but there have been enough threads on this board where it has happened to somebody that I would rather be prepared than surprised...)

[CopOnce]

Back in the day when you could escort folks to the waiting areas in airports, I was in Houston Intercontinental Airport sending my kids off for the summer to their grandparents. While we were waiting for the plane to board I observed many SS about, but I didn’t really give it much thought, just knew someone of stature was in the area.

When the plane started to board, my wife and I escorted our two children down the ramp to the planes door. My wife went onto the plane with my children to get them seated and to follow up with the airline attendants about my children flying unattended under age. While I was standing just outside the door of the plane, the door started to close. I made a motion for them to stop the closing because my wife was still on board.

The next thing I knew, I was pinned up against the wall by the SS. The agent in charge was the one who charged me and made sure I was unable to reach my weapon which I had left in the trunk of my car because the laws were changing back then about the carry on planes. It was always a hassle to check my weapon with the airport police. I was wearing my jackass rig that still had my handcuffs and extra ammo in and to a trained eye, it was obvious that I was armed. This agent already knew my name and that I was a police officer, but wasn’t aware of me leaving my weapon in my trunk. Of course his statement was the action they took was for my protection and that I would have been shot had I entered the plane. I was told that the Prime Minister of Norway was aboard the plane and he was under escort of the Secret Service. Who knew.

Anyway, the door opened back up and my wife exited wondering what all the commotion was about and we left.

You ask about them being ‘peace officers’. Well, if they will do to a cop what they did to me and them knowing I was a cop, what do you think they will do to a CHL’er?

Giving today’s security issues within our country…I’d advise them that I’m permitted/licensed and I’m carrying. IMO

[Captain Matt]

If I had advance warning that the POTUS/VPOTUS was going to be at that place on that day, I would just stay away. I hate crowds anyway.

I would stay away too. I have no respect for public servants who think they're royalty.

[DoubleJ]

hey, maybe you'll get lucky and he'll turn your water into wine! haha

yeah, I'd stay away too....

[Liberty]

I had an opportunity to to stand face to face with Ronald Reagan. They wouldn't let me carry any lead bullets but I was a still able to carry my gun. ( a .75 caliber brown bess. ) abd about 1/4 pound of black powder charges. I was proud, and it is a moment I will relish telling my grandchildren about. Some Presidents are more worth seeing eye to eye than others. None since Reagan were much worth bothering over.

[Oldgringo]

If challenged by SS, I would cooperate and show ID+CHL. My reason for showing the CHL even though it may not be required is that I would want to establish up front that I am carrying lawfully, rather than risk getting made and swarmed by a half-dozen guys larger than me with no inclination to be merciful about it. If asked to surrender my weapon, I would express my preference to simply leave the area without surrendering it, as I don't have to be there. If I had to be there, then I would demand written and signed assurance that my weapon would be returned to me as soon as either I or the POTUS/VPOTUS depart. I would also ask A) can we do this in private since I don't want to freak people out around me; and B) do you want me to hand it to you, or do you want to remove it from its holster yourself? It isn't that I want to be subservient, I just very much want to avoid the possibility of getting shot or injured by an anxious agent who is misinterpreting my actions.

Not only does it make sense, it also sounds like a good plan.

[nuparadigm]

In Texas, Border Patrol Agents are not considered to be Peace Officers by the State. (They are so considered in Arizona and California). So there is no requirement to show a CHL to a USBP Agent should he/she ask for identification.