carry by county prosecutors

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center mass
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carry by county prosecutors

#1

Post by center mass »

Does anyone know what the status is for ass't county prosecutors concerning concealed carry? Are they considered LEO's under the law?
Are they required to apply for a CHL permit in order to carry? I know that they deal with the same scary characters that the police arrest every day. If it were me I would be armed like a Barbary pirate from the time I woke up 'til I went to sleep!

dolanp
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#2

Post by dolanp »

If they prosecute felonies then they qualify under "Active judicial officer" by § 411.201(h). The fee is waived and there are other special rules and exclusions for them under the same section.
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govtman
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Re: carry by county prosecutors

#3

Post by govtman »

center mass wrote:Does anyone know what the status is for ass't county prosecutors concerning concealed carry? Are they considered LEO's under the law?
Are they required to apply for a CHL permit in order to carry? I know that they deal with the same scary characters that the police arrest every day. If it were me I would be armed like a Barbary pirate from the time I woke up 'til I went to sleep!
Generally, prosecutors will need a CHL to carry, because they are not peace officers. See Code of Criminal Procedure Article 2.12 for a complete list of all types of peace officers in the State of Texas.
dolanp wrote:If they prosecute felonies then they qualify under "Active judicial officer" by § 411.201(h). The fee is waived and there are other special rules and exclusions for them under the same section.
Prosecutors are not “active judicial officers�. Government Code §411.201(a)(1) states, “'Active judicial officer' means a person serving as a judge or justice of the supreme court, the court of criminal appeals, a court of appeals, a district court, a criminal district court, a constitutional county court, a statutory county court, a justice court, or a municipal court.�

GC §411.201(h) allows elected felony prosecutors to obtain CHLs, if they meet the same requirements that an “active judicial officer� must meet. However, assistant CAs are not elected and the CA's office usually does not prosecute felonies anyways.
Last edited by govtman on Mon Mar 28, 2005 3:43 pm, edited 1 time in total.
“A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”

dolanp
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#4

Post by dolanp »

Well yeah, what I meant to say is that they qualify under that same section.
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Greybeard
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#5

Post by Greybeard »

DA (Rick Roach) up where I grew up in TX Panhandle got busted bigtime last month for guns in courthouse. The bigger problem though was he had 'em in conjunction with lots of drug money and meth that was not just recently confiscated. DPS, FBI and all had him pegged, even been doin' the damn drugs in the courthouse.

Quite disappointing to hear here. I recall playing Little Leage baseball together when he was 12 and I was 9. (He played shortstop and hit clean-up while I sat on the bench.)

Amarillo paper said if convicted on all counts, he was looking at 51 years. Mom said yesterday he pled guilty, got 10 years and $250K fine. Any bets on his chances of a CHL when he gets out?
CHL Instructor since 1995
http://www.dentoncountysports.com "A Private Palace for Pistol Proficiency"
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