Applicable Laws for CHL and private investigator

CHL discussions that do not fit into more specific topics

Moderators: carlson1, Charles L. Cotton

Post Reply

Topic author
Birdie
Member
Posts in topic: 2
Posts: 87
Joined: Thu Apr 26, 2012 5:00 pm
Location: somewhere in Montgomery County

Applicable Laws for CHL and private investigator

#1

Post by Birdie » Mon Jan 07, 2013 1:01 am

Charles L. Cotton wrote:
dac1842 wrote:Charles,
One part of the law I have an issue with has nothing to do with the number of hours. I am a licensed private investigator, I am also a CHL Holder, however as I understand the law I can't carry while working as a PI. I don't understand why.
I agree with you completely. CHL is solely about personal safety and that goal should not be diminished based upon one's job title.

Chas.

Could someone point me to the applicable laws for this? I've been trying to wade through it myself and can't find it. I keep seeing things about personal security, but don't think that is the same thing.

Pulled this quote from another thread because my question isn't relevant to the discussion, but if you are wondering it is here: viewtopic.php?f=7&t=59730&start=45&hili ... vestigator
By failing to prepare, you are preparing to fail.
Benjamin Franklin


srothstein
Senior Member
Posts in topic: 2
Posts: 3944
Joined: Sat Dec 16, 2006 8:27 pm
Location: Luling, TX

Re: Applicable Laws for CHL and private investigator

#2

Post by srothstein » Tue Jan 08, 2013 12:41 am

Occupations Code section 1702.169, which says:
Sec. 1702.169. FIREARM RESTRICTIONS. A commissioned security officer other than a person acting as a personal protection officer may not carry a firearm unless:

(1) the security officer is:

(A) engaged in the performance of duties as a security officer; or

(B) traveling to or from the place of assignment;

(2) the security officer wears a distinctive uniform indicating that the individual is a security officer; and

(3) the firearm is in plain view.
A private investigator is a type of commissioned security officer in Texas.
Steve Rothstein

User avatar

texanjoker
Senior Member
Posts in topic: 2
Posts: 2720
Joined: Sun Dec 30, 2012 12:18 pm

Re: Applicable Laws for CHL and private investigator

#3

Post by texanjoker » Tue Jan 08, 2013 12:23 pm

srothstein wrote:Occupations Code section 1702.169, which says:
Sec. 1702.169. FIREARM RESTRICTIONS. A commissioned security officer other than a person acting as a personal protection officer may not carry a firearm unless:

(1) the security officer is:

(A) engaged in the performance of duties as a security officer; or

(B) traveling to or from the place of assignment;

(2) the security officer wears a distinctive uniform indicating that the individual is a security officer; and

(3) the firearm is in plain view.
A private investigator is a type of commissioned security officer in Texas.
That is incorrect. I am in the process of starting my own PI firm to work child abuse/custody cases. A private investigator can carry a concealed handgun if they are CHL and have the required insurance. The following is from the DPS website reference this very issue.

http://www.txdps.state.tx.us/RSD/PSB/La ... in_sum.htm" onclick="window.open(this.href);return false;

The Private Security Act addresses the carrying of firearms by security officers. It limits the carrying of firearms to those security officers who hold a commission as a security officer or as a personal protection officer. See Tex. Occ. Code §1702.161; §1702.206. Non-commissioned security officers are prohibited from carrying a firearm while on duty. See Tex. Occ. Code §1702.161(b).

The Concealed Handgun Statute expressly provides that a CHL does not exempt a licensed security officer from the duty to comply with Chapter 1702 or the Penal Code. Tex. Gov. Code §411.200. A security officer who holds a CHL must comply with the above provisions while on duty. This means that while on duty a non-commissioned officer cannot possess a handgun.

The statute does not regulate the possession of firearms by those who are not employed as security officers. The possession of firearms by locksmiths, alarm sales persons or installers, or private investigators, is not regulated by the Private Security Act but by Chapter 46 of the Penal Code. A private investigator, locksmith, alarm installer, etc., who provides no security or personal protection services need not be licensed as a commissioned officer or personal protection officer and may carry under the authority of a CHL.

It has been suggested that Chapter 1702’s insurance requirement is relevant to this analysis, such that a CHL-holding private investigator can carry concealed while providing investigative services only if he or she were to obtain the statutorily-required commercial liability insurance. However, the Private Security Act does not regulate the possession of firearms by private investigators and there is no license for a “commissioned private investigator.” The statute’s insurance requirement can only apply to services that are regulated under the statute.


srothstein
Senior Member
Posts in topic: 2
Posts: 3944
Joined: Sat Dec 16, 2006 8:27 pm
Location: Luling, TX

Re: Applicable Laws for CHL and private investigator

#4

Post by srothstein » Tue Jan 08, 2013 9:25 pm

Thanks for the correction. This is a relatively new interpretation and different from what I had been told in the past. Considering the way chapter 1702 is written, I would never have thought they would change to this line of thought.
Steve Rothstein

User avatar

texanjoker
Senior Member
Posts in topic: 2
Posts: 2720
Joined: Sun Dec 30, 2012 12:18 pm

Re: Applicable Laws for CHL and private investigator

#5

Post by texanjoker » Tue Jan 08, 2013 9:27 pm

srothstein wrote:Thanks for the correction. This is a relatively new interpretation and different from what I had been told in the past. Considering the way chapter 1702 is written, I would never have thought they would change to this line of thought.
You are most welcome. I have been getting insurance quotes, ect as I want to get this going. They get you for wanting to carry the gun.


dac1842
Senior Member
Posts in topic: 1
Posts: 441
Joined: Sat Sep 01, 2007 1:15 pm

Re: Applicable Laws for CHL and private investigator

#6

Post by dac1842 » Tue Jan 08, 2013 10:10 pm

I appreciate the clarification and reference material provided.


Topic author
Birdie
Member
Posts in topic: 2
Posts: 87
Joined: Thu Apr 26, 2012 5:00 pm
Location: somewhere in Montgomery County

Re: Applicable Laws for CHL and private investigator

#7

Post by Birdie » Wed Jan 09, 2013 9:33 am

Thanks everyone!
By failing to prepare, you are preparing to fail.
Benjamin Franklin


agiient
Junior Member
Posts in topic: 1
Posts: 1
Joined: Tue Jan 09, 2018 2:25 am

Re: Applicable Laws for CHL and private investigator

#8

Post by agiient » Tue Jan 09, 2018 2:37 am

srothstein wrote:Occupations Code section 1702.169, which says:
Sec. 1702.169. FIREARM RESTRICTIONS. A commissioned security officer other than a person acting as a personal protection officer may not carry a firearm unless:

(1) the security officer is:

(A) engaged in the performance of duties as a security officer; or

(B) traveling to or from the place of assignment;

(2) the security officer wears a distinctive uniform indicating that the individual is a security officer; and

(3) the firearm is in plain view.
A private investigator is a type of commissioned security officer in Texas.
A private investigator is NOT a type of commissioned security officer; this designation is not a security officer at all by definition. Private Investigators may, like any other eligible person in Texas, obtain a License to Carry and carry a firearm for protection as long as he/she carries in compliance with the laws that govern/regulate such license.

The statute does not regulate the possession of firearms by those who are not employed as security officers. The possession of firearms by locksmiths, alarm installers or private investigators, for example, is regulated by Texas Penal Code Chapter 46, not the Private Security Act. Those registrants who are licensed to carry a handgun under Texas Government Code Chapter 411, Subchapter H, and who do not provide security or personal protection services, are subject to the limitations and prohibitions applicable to LTC holders, generally if they choose to carry handguns while performing the regulated services for which they are registered. [Excerpt from: https://www.dps.texas.gov/rsd/psb/Laws/psb_opin_sum.htm]

Post Reply

Return to “General Texas CHL Discussion”