my brother in law is a detective in oklahoma...he and his family visit us here in texas several times a year...he always carries because he's LEO and that's what he's used to (and because why the heck not!)...does he have the same carry rights here in Texas that he does in OK? or does he need to be following the CHL rules? he thinks he can carry in Texas at all the same locations he can carry in OK (which is pretty much anywhere).
is he correct?
OK LEO Carry in Texas?
Re: OK LEO Carry in Texas?
Unless he has a TCLEOSE card, he can't carry "everywhere a Texas LEO can", but he can carry almost anywhere.
Because he's protected by LEOSA, he can carry anwhere except:
18 USC 926B(b) This section shall not be construed to supersede or limit the laws of any State that—
(1) permit private persons or entities to prohibit or restrict the possession of concealed firearms on their property; or
(2) prohibit or restrict the possession of firearms on any State or local government property, installation, building, base, or park.
So, he doesn't get the LEO exemption for school buildings or courthouses, but that's about it.
Edit to add: the issue of 30.06 notices is up in the air, since it specifically applies to CHLs. I think a 30.06 notice would probably be ruled to be adequate notice for anyone, not just CHLs.
Because he's protected by LEOSA, he can carry anwhere except:
18 USC 926B(b) This section shall not be construed to supersede or limit the laws of any State that—
(1) permit private persons or entities to prohibit or restrict the possession of concealed firearms on their property; or
(2) prohibit or restrict the possession of firearms on any State or local government property, installation, building, base, or park.
So, he doesn't get the LEO exemption for school buildings or courthouses, but that's about it.
Edit to add: the issue of 30.06 notices is up in the air, since it specifically applies to CHLs. I think a 30.06 notice would probably be ruled to be adequate notice for anyone, not just CHLs.
Re: OK LEO Carry in Texas?
Interesting, I was not aware of those restrictions.
The LEOSA is a federal law allow LEOs to carry in most places, as demonstrated by chabouk. I thought that I had read an exemption specifying LEOs in Texas PC 46.035, but after reading through that section, it appears to only exempt judges, DAs, etc. Do we not exempt LEOs as well? I can't seem to find that section, but would be shocked that we don't - although I'd think there would be a professional courtesy as well.
The LEOSA is a federal law allow LEOs to carry in most places, as demonstrated by chabouk. I thought that I had read an exemption specifying LEOs in Texas PC 46.035, but after reading through that section, it appears to only exempt judges, DAs, etc. Do we not exempt LEOs as well? I can't seem to find that section, but would be shocked that we don't - although I'd think there would be a professional courtesy as well.
Life Member NRA & TSRA
Re: OK LEO Carry in Texas?
You want to look at PC 46.02 (unlawfully carrying weapons), then 46.15 (nonapplicability).
An out-of-state LEO isn't a "peace officer" in Texas.
http://www.statutes.legis.state.tx.us/D ... .htm#46.15" onclick="window.open(this.href);return false;
An out-of-state LEO isn't a "peace officer" in Texas.
http://www.statutes.legis.state.tx.us/D ... .htm#46.15" onclick="window.open(this.href);return false;