Retired LEO carrying concealed or open...

[thetexan]

Here is a question I have because I cant find it.

Can an honorably retired LEO, carrying under 46.15, carry openly. If not what code prevents it? All code, outside of 46.02 or 46.03 (which 46.15 specifcally exempts for retired LEOs) requiring concealment applies to persons licensed under 411 Subchapter H.

tex

[JP171]

there are a lot of conditions in 46:15 and the department has to continue to carry the commission on the retired officer, otherwise it must be under ch.411 and concealed and limited according to the statutes

[Keith B]

Public Law 111-272 (Law Enforcement Officer Safety Act or LEOSA) allows a retired LEO who has been certified to carry a concealed weapon. http://npl.ly.gov.tw/pdf/7337.pdf" onclick="window.open(this.href);return false;

If licensed open carry was passed they would be required to have a CHL to openly carry.

[srothstein]

JP171, the department does not carry the commission on the officer after they retire. They send in a form F-5. They do have to issue a retired officer ID card and be able to verify the retired status but this is not the same as carrying the commission.

There is no way a former agency can require the retired officer to obey any of its rules or regulations. Given the "shall issue" wording of the law (Government Code section 614.122 and 614.124), the agency cannot even say they will not give him the ID card because he did not follow their rules. My reading of the state law (PC 46.15) says that a retired Texas officer in Texas may carry any place and in any manner that a current peace officer can, with one notable exception. Section 30.06 does not contain the exception for retired peace officers that it does for active peace officers.

Now for the confusing part. There is a conflict between state law and federal law. The LEOSA does require the weapon to be concealed. This is also true for off duty current officers. The weird part is that the LEOSA starts by saying a person may carry concealed even if forbidden by local law. I believe that this would not affect the ability to carry openly under state law but I am not 100% sure of this.

My opinion is that a retired officer may carry openly if they desire, but they are so used to carrying concealed when off duty that most will probably continue to do so.

[C-dub]

JP171, the department does not carry the commission on the officer after they retire. They send in a form F-5. They do have to issue a retired officer ID card and be able to verify the retired status but this is not the same as carrying the commission.

There is no way a former agency can require the retired officer to obey any of its rules or regulations. Given the "shall issue" wording of the law (Government Code section 614.122 and 614.124), the agency cannot even say they will not give him the ID card because he did not follow their rules. My reading of the state law (PC 46.15) says that a retired Texas officer in Texas may carry any place and in any manner that a current peace officer can, with one notable exception. Section 30.06 does not contain the exception for retired peace officers that it does for active peace officers.

Now for the confusing part. There is a conflict between state law and federal law. The LEOSA does require the weapon to be concealed. This is also true for off duty current officers. The weird part is that the LEOSA starts by saying a person may carry concealed even if forbidden by local law. I believe that this would not affect the ability to carry openly under state law but I am not 100% sure of this.

My opinion is that a retired officer may carry openly if they desire, but they are so used to carrying concealed when off duty that most will probably continue to do so.

I apologize in advance, but I'm not seeing the exception for LE, retired or not, that is being referred to in 30.06. Does 30.06 even apply at all since we're talking about a retired officer carrying under the authority of LEOSA?

[Keith B]

JP171, the department does not carry the commission on the officer after they retire. They send in a form F-5. They do have to issue a retired officer ID card and be able to verify the retired status but this is not the same as carrying the commission.

There is no way a former agency can require the retired officer to obey any of its rules or regulations. Given the "shall issue" wording of the law (Government Code section 614.122 and 614.124), the agency cannot even say they will not give him the ID card because he did not follow their rules. My reading of the state law (PC 46.15) says that a retired Texas officer in Texas may carry any place and in any manner that a current peace officer can, with one notable exception. Section 30.06 does not contain the exception for retired peace officers that it does for active peace officers.

Now for the confusing part. There is a conflict between state law and federal law. The LEOSA does require the weapon to be concealed. This is also true for off duty current officers. The weird part is that the LEOSA starts by saying a person may carry concealed even if forbidden by local law. I believe that this would not affect the ability to carry openly under state law but I am not 100% sure of this.

My opinion is that a retired officer may carry openly if they desire, but they are so used to carrying concealed when off duty that most will probably continue to do so.

I apologize in advance, but I'm not seeing the exception for LE, retired or not, that is being referred to in 30.06. Does 30.06 even apply at all since we're talking about a retired officer carrying under the authority of LEOSA?

I think he meant 30.05.

[srothstein]

Keith is correct, as usual. The exception for active officers is in 30.05. 30.06 doesn't need an exception since it only applies to people with CHLs to begin with.

LEOSA specifically states that state law on allowing people or companies to ban must be obeyed. But since state law also allows people to ban retired officers from carrying, this is not the potential conflict that open carry is.