LEOs and CHL Rules

CHL/LEO · Post by **CHL/LEO** » Sun May 06, 2007 11:34 am

A few days ago a group of LEOs were talking about the CHL and their thoughts on it. Several of us in that group have our CHLs and were explaining to the ones that didn't why they might want to consider getting one. The primary reason now being to quickly facilitate the purchase of firearms.

In the past, quite a few LEOs would get their CHLs so they could legally carry in other states that recognized them. With the passage of the federal Law Enforcement Officers Protection Act back in '05 that's no longer an issue and lots of officers are not renewing their CHLs.

In the middle of this discussion one officer said that he wouldn't get a CHL because then he wouldn't be able to carry anywhere a 30.06 sign was posted. Several of us told him that as LEOs those signs don't apply to us. His response was that it's pretty clear that as a CHL holder they would apply to him as he was not aware of any exceptions provided in the law for LEOs.

I told the rest of the guys I would check into it, so my question to this group: is there an exception written into the Penal Code or Government Cod for LEOs that have CHLs being able to legally ignore 30.06 postings?

When the Law Enforcement Officers Protection Act was rolled out, we were taught that we could now legally carry in any state or US Territory, but if that state or territory had CHL regulations that we had to follow them. For example a LEO from Oklahoma (who did not have any type of CHL) could travel in Texas legally armed and concealed, but while doing so he would have to follow all TX CHL laws. As such 30.06 postings would apply to him.

Any help or guidance regarding this would be most appreciated.

NguyenVanDon · Post by **NguyenVanDon** » Sun May 06, 2007 11:38 am

*waiting for txi*

BrassMonkey · Post by **BrassMonkey** » Sun May 06, 2007 11:39 am

Yeah, he knows everything...

Liberty · Post by **Liberty** » Sun May 06, 2007 11:45 am

NguyenVanDon wrote:*waiting for txi*

30.06 only applies to CHL holders. It doesn't apply to LEOs criminals, or the unarmed.

"Pursuant to Section 30.06, Penal Code (trespass by holder of license to carry a concealed handgun), a person licensed under Subchapter H, Chapter 411, Government Code (concealed handgun law), may not enter this property with a concealed handgun;"

BrassMonkey · Post by **BrassMonkey** » Sun May 06, 2007 11:48 am

Not being an attorney, My Spidey Sense tells me that it would probably depend on which credential you are armed under. If you are carrying under CHL provisions, I would imagine you would be bound by CHL rules, i.e; 30.06. If you are carrying under some federal pre-emption as a LEO of another state, I imagine you would not be held to CHL laws of this or another state.

This is complete conjecture and I have not looked anything up, but I can't see how a cop is gonna get harrassed regardless, even more so with a Texas CHL. But then again, you are asking about letter of the law, wait for txi... :-)

ScubaSigGuy · Post by **ScubaSigGuy** » Sun May 06, 2007 12:37 pm

Interesting question which seemed obvious until now.

Also watiing on TXi

CHL/LEO · Post by **CHL/LEO** » Sun May 06, 2007 12:56 pm

Liberty posted:

30.06 only applies to CHL holders. It doesn't apply to LEOs

As I mentioned in my post, what if the LEO is a CHL holder. If it doesn't apply to LEOs who are CHL holders where exactly is that outlined in the Government Code or Penal Code?

CHL/LEO · Post by **CHL/LEO** » Sun May 06, 2007 1:00 pm

Brass Monkey posted:

...but I can't see how a cop is gonna get harrassed regardless...

I agree with you on that point, but this is just one of those issues that none of us ever thought about and now it's become one of those "what exactly does the law say in regards to this" type questions.

Post by **Charles L. Cotton** » Sun May 06, 2007 1:06 pm

TPC Â§30.06 only applies to a person carrying pursuant to the authority of their CHL. Since a LEO can carry anywhere, he doesn't need the CHL and thus isn't carrying pursuant to it. A LEO can cross a 30.06 sign without being guilty of trespass.

"COP carry" or HR218 has met with significant resistance in some areas of the country, especially in the northeast. The City of NY has vowed to challenge the constitutionality of it and they may very well win. The statute is based upon a significant extension of the Commerce Clause and it may be struck down. This is by no means certain, but I would suggest that LEO's continue to get CHL's and have both CHL reciprocity and "COP Carry" in their favor.

Chas.

txinvestigator · Post by **txinvestigator** » Sun May 06, 2007 1:09 pm

A LEO doe not lose places he can carry, or get more restrictive on where he can carry, by getting a CHL. A LEO is exempt from many places restricted by CHL, such a 46.035, 30.06, etc.

As a Texas LEO you carry under your authority as a LEO. IMO, the importance of a CHL for a LEO is the purchase of weapons, and maintaining the ability to carry is suspended or otherwise NOT able to carry under your LEO authority.

To address 30.06 specifically, it reads "if a license holder carries under the authority of a CHL""

As a cop, you carry under THAT authority.

It is the same for me when I am working as a PPO and encounter a 30.06. I have a CHL, but during that time I am carrying under the authority of my PPO Authorization, not the CHL, and I can legally ignore the sign.

txinvestigator · Post by **txinvestigator** » Sun May 06, 2007 1:10 pm

BrassMonkey wrote:Yeah, he knows everything...

Me, no way. I have no idea why you act that way, for example.

seamusTX · Post by **seamusTX** » Sun May 06, 2007 1:14 pm

BrassMonkey wrote:... I can't see how a cop is gonna get harrassed regardless,...

Cops don't have a get-out-of-jail-free card. Sometimes they get in trouble involving grudges with other cops or interdepartmental rivalries.

- Jim

BrassMonkey · Post by **BrassMonkey** » Sun May 06, 2007 1:18 pm

Was that a dig?

txinvestigator wrote:
BrassMonkey wrote:Yeah, he knows everything...
Me, no way. I have no idea why you act that way, for example.

txinvestigator · Post by **txinvestigator** » Sun May 06, 2007 1:19 pm

BrassMonkey wrote:Was that a dig?

txinvestigator wrote:
BrassMonkey wrote:Yeah, he knows everything...
Me, no way. I have no idea why you act that way, for example.

I dunno, was it from YOU?

Liberty · Post by **Liberty** » Sun May 06, 2007 1:20 pm

txinvestigator wrote:A LEO doe not lose places he can carry, or get more restrictive on where he can carry, by getting a CHL. A LEO is exempt from many places restricted by CHL, such a 46.035, 30.06, etc.

As a Texas LEO you carry under your authority as a LEO. IMO, the importance of a CHL for a LEO is the purchase of weapons, and maintaining the ability to carry is suspended or otherwise NOT able to carry under your LEO authority.

To address 30.06 specifically, it reads "if a license holder carries under the authority of a CHL""

As a cop, you carry under THAT authority.

It is the same for me when I am working as a PPO and encounter a 30.06. I have a CHL, but during that time I am carrying under the authority of my PPO Authorization, not the CHL, and I can legally ignore the sign.

One place that there is a 30.06 type restriction on a LEO is that anyone can deny an off duty LEO access to their property while they are packing. We have a right to insist that an off duty LEO disarm before comming on our property. Although if the LEO lies and claims he has no gun I don't know if there is any repercussions