TexasCHLforum.com

My son ,who is in the army and stationed at fort bliss was pulled over at night on loop 375 in north east El Paso . The military police that pulled him over told him loop 375 is a "Federal highway" and he could be arrested for the handgun in his truck. He was not on base,he was on Texas highway loop 375. Now there is high fencing on both sides of that road that are base property in some parts,I have been on that road many times and seen it. But to me the notion that the highway itself is federal and nullifies The"Texas Motorist Protection Act (HB 1815)"seems ,well like rubbish. My son got a speeding ticket and was allowed to go on his way. He did not care at all for the arrest threat though .Any thoughts from those on this site about this.
Regards j pate

I have a friend who works for the COE and is working on Bliss now. I'll ask him tommorow .

How did the MP know about the handgun? When carrying under the TMPA, it has to be concealed and I don't believe there is any duty to disclose that he has a firearm to the officer. While I normally would, in the case of being pulled over by a MP on a TXDOT highway, I wouldn't say a word.

Sounds a little fishy and like they have too much of a big head.

Couple of things. Under what authority, can the MP pull over vehicles, on a State highway, and issue citations? What is a "Federal Highway? , If it is on base, there would be check points, otherwise it is not on base, and not subject to military regulations.
I also would be curious to know how they knew your son had a gun in his vehicle. Does he have his LTC, and provide it along with his DL during the stop?

I think the MP were either misinformed, or just trying to give the impression that they had more authority, than they really do. If I were your son, I would fight the citation. JMHO.

Edit to add: Welcome to the forum jbpate!!

Yet another authoritarian officer. Federal Highway? I don't think so.
And I had same question as Jusme, what was MP doing on public Hwy pulling vehicles over?

IF this did happen, I believe with the information given the MP would be mistaken. IF it did happen as stated.

Jusme wrote:If it is on base, there would be check points.

Not always... There is a great swath of land between El Paso and WSMR that runs through the desert... You can drive from El Paso up to NM 213, and take that road all the way up to the back gate at WSMR main post. That will be the first check point you hit, but you are on WSMR property long before you get there. This was 20 years ago though, so things may have changed.

Ft. Sam Houston, San Antonio doesn't have check points, at least it didn't when I lived in San Antonio many years ago. This too may have changed.

It sounds like an overreach by the MP commander or the base commander. Or poor training.
I haven't found anything online that indicates that this stretch of TX highway is considered to be "on base" and driving it gives the Army arrest authority for citizens exercising their federal and state Constitutional rights.
On the other hand, because the driver is military he may be subject to military authority within that area of the highway.
There are military installations all over the country where public roads cross through them with fences and signs on both sides.

I was stationed at Fort Sill, OK from 1989 to 1991 and at that time there was a major road that ran through the base with no checkpoints. That may well have changed, though. But while on that road, the MP's were the ones who issued speeding tickets and the like.

I also know that non-Texas LEO's do pull people over for traffic offenses on Texas highways near El Paso. My wife was working there a few years ago and she was pulled over by federal border patrol agents for speeding on I-10. This also happened to her on Hwy 59 outside of Brownsville (for driving in the left lane). I'm pretty sure both stops were pretexts for a fishing expedition since she was given verbal warnings both times and all of the officers' questions had nothing to do with the alleged offense that the BP agents were supposedly investigating. Things like "where are you going", "where are you coming from", "what were you doing in XYZ", etc.

cyphertext wrote:

Jusme wrote:If it is on base, there would be check points.

...

Ft. Sam Houston, San Antonio doesn't have check points, at least it didn't when I lived in San Antonio many years ago. This too may have changed.

Yes, that changed after 9/11. But that doesn't answer the question about whether Fort Bliss actually has authority over the Texas highway in the OP. I am dubious about that.

I'm pretty sure that most bases have now been locked down pretty tight....you can't just be driving through them on your way to the grocery store, I guess this one could be one of the few exceptions, but this is strange.

To the OP, since you mention that your son got a speeding ticket, what court is he supposed to appear in? If it is a federal or military court of some type, then it makes sense that the offense would have been committed on federal property, but if it is a state or local court, then I am guessing it is not federal property.

Of course, IANAL.

There is an 11 mile stretch of Loop 375 that goes across Ft Bliss behind Biggs Army Airfield. Have driven it many times. It has a low fence on both sides topped with concertina wire i think. The name of the section on Bliss is Purple Heart Memorial Highway. I will call a relative that works for the Feds and ask if the MPs patrol it.

***update

El Paso PD, El Paso Sheriff's Department, Texas DPS and Texas State Troopers have authority over that stretch of 375. However there is a memorandum of understanding that the MPs can patrol that stretch since it is on their land.

Soccerdad1995 wrote:I also know that non-Texas LEO's do pull people over for traffic offenses on Texas highways .... {stuff deleted here} This also happened to her on Hwy 59 outside of Brownsville (for driving in the left lane). I'm pretty sure both stops were pretexts for a fishing expedition since she was given verbal warnings both times and all of the officers' questions had nothing to do with the alleged offense that the BP agents were supposedly investigating. Things like "where are you going", "where are you coming from", "what were you doing in XYZ", etc.

ah, you mean I-69 (aka US77/US83)? US 59 goes to Laredo. And yes, BP down here will stop on any pretext and engage in a fishing expedition if you or your vehicle fit a profile.....