Peace Officer means ,,,

CHL discussions that do not fit into more specific topics

Moderators: carlson1, Charles L. Cotton

Post Reply
zigzag
Senior Member
Posts: 290
Joined: Mon Feb 12, 2007 4:32 am
Location: Hot Houston, Tx

Peace Officer means ,,,

Post by zigzag »

In the Texas penal code, peace officer can mean what, police or sheriff officers only when asked to show ID? how about a police officer working parttime in a supermarket store? a federal officer in a SOcial Security building? a DEA or Border Patrol Agents asking for identification when driving thru El Paso highways? Is one still obliged to show his CHL to them?
longtooth
Senior Member
Posts: 12329
Joined: Sun Jun 12, 2005 3:31 pm
Location: Angelina County

Post by longtooth »

Dont forget Gamewardens, City Marshals. Basically, if they have a uniform & badge I will give it to them & declare my weapons. If it is illeagle I will sort it out later.
Never argue w/ the badge. :shock: :lol:
Image
Carry 24-7 or guess right.
CHL Instructor. http://www.pdtraining.us" onclick="window.open(this.href);return false;
NRA/TSRA Life Member - TFC Member #11
User avatar
seamusTX
Senior Member
Posts: 13551
Joined: Fri May 12, 2006 12:04 pm
Location: Galveston

Post by seamusTX »

The definition of peace officer is given here, with extensive discussion.

Off-duty police officers who are in uniform and working for a private party are in a fuzzy legal area. Personally, I consider them the same as on-duty, because they can arrest me.

- Jim
User avatar
nuparadigm
Senior Member
Posts: 692
Joined: Fri Dec 02, 2005 6:25 pm
Location: Ft. Bend County
Contact:

Re: Peace Officer means ,,,

Post by nuparadigm »

zigzag wrote: ...or Border Patrol Agents...
Texas does not consider BPA's to be Peace Officers. The other border states do.
The last train out of any station will not be filled with nice people.

Remember Newton and Azrak.
4t5
Member
Posts: 132
Joined: Wed Apr 27, 2005 5:08 pm
Location: Houston

Post by 4t5 »

longtooth wrote:Never argue w/ the badge.
Just step right in this here boxcar. We're going to take you to a relocation camp for your own safety.
frankie_the_yankee
Banned
Posts: 2173
Joined: Sat Apr 07, 2007 1:24 pm
Location: Smithville, TX

Post by frankie_the_yankee »

4t5 wrote:
longtooth wrote:Never argue w/ the badge.
Just step right in this here boxcar. We're going to take you to a relocation camp for your own safety.
The example you give is not really relavent to the current situation here in TX or anywhere in America. And if it ever DID come to that, nitpicking over who qualifies as a peace officer would be the least of our troubles.
Ahm jus' a Southern boy trapped in a Yankee's body
txinvestigator
Senior Member
Posts: 4331
Joined: Wed May 04, 2005 6:40 pm
Location: DFW area
Contact:

Re: Peace Officer means ,,,

Post by txinvestigator »

zigzag wrote:In the Texas penal code, peace officer can mean what, police or sheriff officers only when asked to show ID? how about a police officer working parttime in a supermarket store? a federal officer in a SOcial Security building? a DEA or Border Patrol Agents asking for identification when driving thru El Paso highways? Is one still obliged to show his CHL to them?
Peace Officer in the penal code has the meaning given in the Texas Code if Criminal Procedure. It means persons licensed in TEXAS by the Texas Commission on Law Enforcement Officer standards and Education. It includes City cops, Sheriffs and deputies, the DPS troopers, Constables, School district police, hospital district police, police of any legal taxing entity (like the Dallas Area Rapid Transit), Game Wardens, Investigators of various agencies
http://tlo2.tlc.state.tx.us/statutes/do ... tm#2.12.00

It does NOT include Federal officers of officers of other states.

There is NO obligation to show your CHL to the DEA or Border Patrol agent.[/url]
*CHL Instructor*


"Speed is Fine, but accuracy is final"- Bill Jordan

Remember those who died, remember those who killed them.
User avatar
seamusTX
Senior Member
Posts: 13551
Joined: Fri May 12, 2006 12:04 pm
Location: Galveston

Post by seamusTX »

(34) officers commissioned by the State Board of Dental Examiners under Section 254.013, Occupations Code, subject to the limitations imposed by that section.
Every time I see this list, I think of one of the charges against King George III in the Declaration of Independence:
He has ... sent hither swarms of Officers, to harrass our people, and eat out or substance.
- Jim
DSARGE
Senior Member
Posts: 219
Joined: Wed Jan 17, 2007 6:20 pm
Location: San Antonio, TX, USA

Post by DSARGE »

Whether or not a Fed Officer/Agent is considered a peace officer makes no difference if I declare my CHL or not. Besides, they are Federal, thus higher on the food chain. If they are a Law Enforcement/Security Officer and the situation dictates, I will let them know I am legally carrying. My experiances with all the above tell me that 1) You are in a field interview or similar circumstance and they discover on thier own that you are carrying without knowledge of your legality, you may become a human pretzel, or they draw on you. 2) It puts EVERYONE involved at ease. Besides, why not tell? Some may argue that it is none of thier business, but what real threat is it to you if they know you have a CHL or not. To me, the pro's of informing them far outweigh the negatives that could occur by not informing and them finding out on thier own. However, I understand both sides.
I found the Lord again--although he never lost me!
User avatar
LedJedi
Senior Member
Posts: 1006
Joined: Tue Jun 26, 2007 11:29 am
Location: Pearland, TX
Contact:

Post by LedJedi »

to my knowledge there is generally no problem with informing folks you are carrying in general (I know this is being discussed in another thread too) so long as it's done so in an un-threatening manner.

in my mind the real question would not be "do i reveal that I'm carrying". It would be "do they have the right to disarm me?"

As I understand it any peace officer has the right to do that, but they are required to return the weapon before discharging you from the scene.

This brings yet another question to mind though... Are there major factors in deciding if an officer confiscates your weapon for a shooting (justified)? I've heard it both ways and it seems pretty much up to the discretion of the officer. Some seem to take the weapon as evidence and others will let you keep it if it seems the use of force was justified.
Venus Pax
Senior Member
Posts: 3147
Joined: Tue May 16, 2006 5:27 pm
Location: SE Texas

Post by Venus Pax »

Yes, they have the right to disarm you. I hear that they typically don't, but they can.
It makes me very uncomfortable. I don't like the idea of having to hand my gun to anyone.
"If a man breaks in your house, he ain't there for iced tea." Mom & Dad.

The NRA & TSRA are a bargain; they're much cheaper than the cold, dead hands experience.
User avatar
stevie_d_64
Senior Member
Posts: 7590
Joined: Fri Mar 04, 2005 11:17 pm
Location: 77504

Post by stevie_d_64 »

4t5 wrote:
longtooth wrote:Never argue w/ the badge.
Just step right in this here boxcar. We're going to take you to a relocation camp for your own safety.
uh ohhhhhhhh...
"Perseverance and Preparedness triumph over Procrastination and Paranoia every time.” -- Steve
NRA - Life Member
"Quis custodiet ipsos custodes?"
Μολών λαβέ!
Post Reply

Return to “General Texas CHL Discussion”