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by KBCraig
Thu Aug 23, 2007 2:22 am
Forum: 2007 Texas Legislative Session
Topic: SB1709: slipped under the radar
Replies: 4
Views: 7631

SB1709: slipped under the radar

I don't think this was a negative bill, but it escaped our attention except for this mention in Chas' bill status update:

SB1709 (Hegar) Relating to procedures to limit the carrying of handguns by persons other than peace officers on certain premises used for law enforcement. This is a companion bill to HB3635; please see comments on HB3635. Passed, effective 9/1/07.


The properly marked up text is here:
http://www.legis.state.tx.us/tlodocs/80 ... 01709F.htm

This came to my attention in the Grapevine Citizen's Police Academy thread.

My analysis: First, this does not expand places that are statutorily off limits. This bill does not make secure areas of police facilities off limits to armed CHLs. Instead, it expands the authority of peace officers to disarm CHLs, in a very specific set of circumstances: a secure location and not open to the general public and devoted exclusively to police work and providing secure lockers. Even then, it's not mandatory; it's still up to officer discretion or department policy.

Second, this confirms that peace officers do not have blanket authority to disarm CHLs. If they did, this bill would not be necessary. This pending law creates two situations where a peace officer is authorized to disarm a CHL; that named in the bill, and when the officer "reasonably believes it is necessary for the protection of the license holder, officer, or another individual".

Anyone challenging the policy of a department (or even an individual officer's personal policy), calling for disarming all CHLs, should probably look up the legislative debate on this bill. It should be useful.

Kevin

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