Page 1 of 2
Reserve Peace Officer Licensing?
Posted: Mon Apr 28, 2014 12:33 pm
by qballwill
I am the constable in a small Galveston County precinct. I have a reserve officer that wants and affidavit from me to get his CHL as an active peace officer as allowed by GC 411.1991.
This is fine, except I am not sure he qualifies under this section.
The part that is causing concern is "and is employed as a peace officer by a law enforcement agency". His commission is held by this office, but im not sure what the definition of "employed" is, pertaining to this section. He does not receive pay or benefits from the county or this agency however, he is a reserve officer with this department.
Can anyone clarify or help me understand if he meets the status of "employed"
TIA
William
Re: Reserve Peace Officer Licensing?
Posted: Mon Apr 28, 2014 12:38 pm
by mojo84
I believe he would be consider a "nonpayed" employee.
Re: Reserve Peace Officer Licensing?
Posted: Mon Apr 28, 2014 12:46 pm
by nightmare69
Is there a problem with being a peace officer and have a CHL? I was planning on keeping mine current just to have and speed up the process on buying firearms.
Re: Reserve Peace Officer Licensing?
Posted: Mon Apr 28, 2014 12:51 pm
by jbarn
nightmare69 wrote:Is there a problem with being a peace officer and have a CHL? I was planning on keeping mine current just to have and speed up the process on buying firearms.
No. A peace officer can skip the class and pay a reduced fee if he gets a letter from his agency.
Re: Reserve Peace Officer Licensing?
Posted: Mon Apr 28, 2014 12:54 pm
by Keith B
qballwill wrote:I am the constable in a small Galveston County precinct. I have a reserve officer that wants and affidavit from me to get his CHL as an active peace officer as allowed by GC 411.1991.
This is fine, except I am not sure he qualifies under this section.
The part that is causing concern is "and is employed as a peace officer by a law enforcement agency". His commission is held by this office, but im not sure what the definition of "employed" is, pertaining to this section. He does not receive pay or benefits from the county or this agency however, he is a reserve officer with this department.
Can anyone clarify or help me understand if he meets the status of "employed"
TIA
William
Actually, the GC states "...and is employed
full-time as a peace officer by a law enforcement agency...", so unless the officer is putting in 40 hours a week and is on your payroll then I would not consider them full time. It has been many years since I was a commissioned reserve officer in Missouri, but we were 'employed' by the agency as they paid us a small stipend only to have us covered on their liability insurance, but we were definitely not full-time employees.
Here's the full code
§ 411.1991. ACTIVE PEACE OFFICERS. (a) A person who is
licensed as a peace officer under Chapter 415 and is employed
full-time as a peace officer by a law enforcement agency may apply
for a license under this subchapter. The person shall submit to the
department two complete sets of legible and classifiable
fingerprints and a sworn statement of the head of the law
enforcement agency employing the applicant. A head of a law
enforcement agency may not refuse to issue a statement under this
subsection. If the applicant alleges that the statement is untrue,
the department shall investigate the validity of the statement.
The statement must include:
(1) the name and rank of the applicant;
(2) whether the applicant has been accused of
misconduct at any time during the applicant's period of employment
with the agency and the disposition of that accusation;
(3) a description of the physical and mental condition
of the applicant;
(4) a list of the types of weapons the applicant has
demonstrated proficiency with during the preceding year; and
(5) a recommendation from the agency head that a
license be issued to the person under this subchapter.
(b) The department may issue a license under this subchapter
to an applicant under this section if the statement from the head of
the law enforcement agency employing the applicant complies with
Subsection (a) and indicates that the applicant is qualified and
physically and mentally fit to carry a handgun.
(c) An applicant under this section shall pay a fee of $25
for a license issued under this subchapter.
(d) A license issued under this section expires as provided
by Section 411.183.
Added by Acts 1999, 76th Leg., ch. 62, § 9.15(a), eff. Sept. 1,
1999.
Re: Reserve Peace Officer Licensing?
Posted: Mon Apr 28, 2014 1:40 pm
by qballwill
Keith B wrote:qballwill wrote:I am the constable in a small Galveston County precinct. I have a reserve officer that wants and affidavit from me to get his CHL as an active peace officer as allowed by GC 411.1991.
This is fine, except I am not sure he qualifies under this section.
The part that is causing concern is "and is employed as a peace officer by a law enforcement agency". His commission is held by this office, but im not sure what the definition of "employed" is, pertaining to this section. He does not receive pay or benefits from the county or this agency however, he is a reserve officer with this department.
Can anyone clarify or help me understand if he meets the status of "employed"
TIA
William
Actually, the GC states "...and is employed
full-time as a peace officer by a law enforcement agency...", so unless the officer is putting in 40 hours a week and is on your payroll then I would not consider them full time. It has been many years since I was a commissioned reserve officer in Missouri, but we were 'employed' by the agency as they paid us a small stipend only to have us covered on their liability insurance, but we were definitely not full-time employees.
Here's the full code
§ 411.1991. ACTIVE PEACE OFFICERS. (a) A person who is
licensed as a peace officer under Chapter 415 and is employed
full-time as a peace officer by a law enforcement agency may apply
for a license under this subchapter. The person shall submit to the
department two complete sets of legible and classifiable
fingerprints and a sworn statement of the head of the law
enforcement agency employing the applicant. A head of a law
enforcement agency may not refuse to issue a statement under this
subsection. If the applicant alleges that the statement is untrue,
the department shall investigate the validity of the statement.
The statement must include:
(1) the name and rank of the applicant;
(2) whether the applicant has been accused of
misconduct at any time during the applicant's period of employment
with the agency and the disposition of that accusation;
(3) a description of the physical and mental condition
of the applicant;
(4) a list of the types of weapons the applicant has
demonstrated proficiency with during the preceding year; and
(5) a recommendation from the agency head that a
license be issued to the person under this subchapter.
(b) The department may issue a license under this subchapter
to an applicant under this section if the statement from the head of
the law enforcement agency employing the applicant complies with
Subsection (a) and indicates that the applicant is qualified and
physically and mentally fit to carry a handgun.
(c) An applicant under this section shall pay a fee of $25
for a license issued under this subchapter.
(d) A license issued under this section expires as provided
by Section 411.183.
Added by Acts 1999, 76th Leg., ch. 62, § 9.15(a), eff. Sept. 1,
1999.
I believe that is the old GC. The amended GC removes the "full time" requirement.
"Sec. 411.1991. PEACE OFFICERS. (a) A person who is licensed as a peace officer under Chapter 1701, Occupations Code, and is employed as a peace officer by a law enforcement agency, or a member of the Texas military forces, excluding Texas State Guard members who are serving in the Texas Legislature may apply for a license under this subchapter.."
Re: Reserve Peace Officer Licensing?
Posted: Mon Apr 28, 2014 1:41 pm
by mojo84
I had no idea they had to be full time employees. I'm surprised it doesn't include all with an active commission.
At least for insurance purposes, 30 hours per week is considered full time. For this purpose it may be different.
Re: Reserve Peace Officer Licensing?
Posted: Mon Apr 28, 2014 2:11 pm
by Keith B
qballwill wrote: I believe that is the old GC. The amended GC removes the "full time" requirement.
"Sec. 411.1991. PEACE OFFICERS. (a) A person who is licensed as a peace officer under Chapter 1701, Occupations Code, and is employed as a peace officer by a law enforcement agency, or a member of the Texas military forces, excluding Texas State Guard members who are serving in the Texas Legislature may apply for a license under this subchapter.."
You are correct. The HB amended that last year. It also removed the word 'Active' in the title. So, I would say if you are the agency he is commissioned under, then he would be employed by you, even part time (now that full time is removed). Paid or not I would say that would be your argument if they question the application. I doubt they will as long as his commission is in place and valid.
Re: Reserve Peace Officer Licensing?
Posted: Mon Apr 28, 2014 2:30 pm
by qballwill
Thanks for your opinions. I will do a little more digging before I go through with him. I definitely wouldnt want to nor am i able to deny him the letter if he is indeed elidgible.
If anyone else has knowledge of this, please continue to comment.
Re: Reserve Peace Officer Licensing?
Posted: Mon Apr 28, 2014 2:58 pm
by gdanaher
How about writing a letter which clearly states that the officer is an unpaid reserve officer who typically works x hours per month and whose commission is held by your office. Gets any issue off your shoulder on those that must read and judge the letter.
Re: Reserve Peace Officer Licensing?
Posted: Mon Apr 28, 2014 3:23 pm
by ldj1002
Don't know if they ever got it figgered out but a couple months ago it was decided that volunteer fireman were employees and the fire department had to cover them with insurance (Obama Care) if there was more than 50. That was going to cause a lot of small departments to desolve. They were challenging the fact that they were employees. Even if that was resolved there are so many ifs ands and butts in what out Gov. says, WHO KNOWS?
Re: Reserve Peace Officer Licensing?
Posted: Mon Apr 28, 2014 4:28 pm
by MeMelYup
Here is what you need.
House Bill 485
Effective: Sept. 1, 2013
Relating to the amount of fees paid by certain peace officers, correctional officers, members of state military forces, and veterans of the armed forces for a license to carry a concealed handgun and to the issuance of such a license to certain peace officers and members of state military forces; authorizing a fee.
Reduces the fee to $25 for certain peace officers. Full-time peace officers already pay a reduced fee. This bill expands the criteria by removing the requirement for the officer to be full-time. Peace officers who wish to pay the reduced fee must be employed by a law enforcement agency.
Reduces the fee for both an original and a renewal for veterans from $70 and $35 respectively, to $25.
Authorizes a reduced fee of $25 for correctional officers employed by the Texas Department of Criminal Justice (TDCJ). This new law authorizes a fee reduction only. TDCJ correctional officers may apply online under the special condition of “active peace officer,” but will be required to complete the required four (4) to six (6) hour CHL course. Additionally, these applicants must provide proof of current employment with TDCJ.
A new fee schedule is on the DPS website
Re: Reserve Peace Officer Licensing?
Posted: Mon Apr 28, 2014 5:23 pm
by gigag04
Glad I read this...I renew this year and was going to miss the $25 discounted fee....I guess it still applies though I'm not full time!
Re: Reserve Peace Officer Licensing?
Posted: Mon Apr 28, 2014 5:25 pm
by jmra
gigag04 wrote:Glad I read this...I renew this year and was going to miss the $25 discounted fee....I guess it still applies though I'm not full time!
Yep. Vets are only $25 now also.
Re: Reserve Peace Officer Licensing?
Posted: Mon Apr 28, 2014 7:16 pm
by nightmare69
jbarn wrote:nightmare69 wrote:Is there a problem with being a peace officer and have a CHL? I was planning on keeping mine current just to have and speed up the process on buying firearms.
No. A peace officer can skip the class and pay a reduced fee if he gets a letter from his agency.
Other than bypassing the background checks when buying firearms is there any other advantage of keeping my CHL current? I still plan on doing so thanks to the discount.