Process servers and CCW

[GotToyota?]

I am in the process of becoming a process server in Texas, and was wondering about the details of conceal carrying. First off, are there any special rules for process servers (such as being able to NOT carry, limit of what you can carry, etc)? Also, are there exceptions to the 21 year-old age to CC if you're a process server? I ask this because I am 18 years old, which obviously isn't old enough to legally CC, but I am wondering if there are exceptions for this job, because of the fact that there are some people I might have to deal with where it would be helpful to have as backup.

Now, if carrying isn't an option, what else could I use in the case if I had to defend myself (weapon wise)?

-Matt

[Bezoar]

This is one of those questions that the agency that is getting you qualified to be a process server in the state of TEXAS is most able to answer.
If that agency is unable to get a clear idea or ruling on if youd be able to carry cc at 18 for that job, you should try to contact the attorney general for your state or one of the higher ups in the texas state police.

[hotpig]

Since you are not old enough to cc I do not see any reason that Texas would allow you to carry. Process serving should not be a reason in itself.

In my area there used to be a PI company that allowed some of their guys to carry while serving papers. They used the guise of being employees of the PI to skirt Illinois law and carry.

I think most of them have been arrested for impersonating a Police Officer or brandishing a weapon. He no longer allows his employees to carry any time under his PI License.

[kirkcdl]

I had a process server approach me at my open front door with one of his hands hidden behind his back.I took the paperwork from his waistband after I put him on his face at gunpoint,be careful how you approach people.THEY might be carrying,too...And they have no idea what's behind your back in your hand...

[workingstiff]

Just curious, why would someone choose to be a process server? Is the pay that good

[mokin]

For Workingstiff:

When I was working my way through school doing landscape contruction and maintanence at $6.50/hr durring the week and working for a PI at $12.00/hr, it was that good (BTW, I didn't carry, at that time).

[hotpig]

I used to get twenty five bucks per paper successfully served. I do not know what the going rate is anymore.

[Norm357]

* I am speaking for GA only!!!*

95% of the process servers here do not work for any Government agency, so CCW would fall under company policy.

We get between 52.50 and 72.50 depending on the type of serve. Our process server is an independant contractor that gets 60%. We stole her from the Atlanta PD, and she carrries a S&W 5906. She regulary makes between 1200 and 1500 a week.

I had a process server approach me at my open front door with one of his hands hidden behind his back.I took the paperwork from his waistband after I put him on his face at gunpoint,be careful how you approach people.THEY might be carrying,too...And they have no idea what's behind your back in your hand...

You Sir, are damn lucky that you did not go to jail. You would have in GA.


ETA:
Blame any spelling errors on the fact that I have been drinking and am typing by the light of the TV. :D

[kirkcdl]

I don't think so,Norm.To get to my front door,you have to go through 2 gates.I walked out the door,and there was a seedy-looking man,with his right hand noticeably being kept hidden behind his back,asking my name.Maybe you live in a "safe" area where home invasions are prevented by the "magic shield" of law,but I live in reality.If this "gentleman" had perhaps shaved sometime in the last few days,and had both hands where I could see them,everything would've been cool.But it didn't happen that way.I offered to call the police for him,he declined,agreeing with me that perhaps he needed to work on his approach a bit.After the initial encounter,it all went very politely.As I stated above,Got Toyota should be mindful of the way he approaches people,both in mannerism and appearance.Good luck in "Condition White Land",Norm,hope you get through it safely...

[philbo]

First off, are there any special rules for process servers (such as being able to NOT carry, limit of what you can carry, etc)? Also, are there exceptions to the 21 year-old age to CC if you're a process server?

In Texas, process servers must follow the rules as all other CHL holders. No special exceptions. You must be at least 21 years of age. a person who is at least 18 years of age but not yet 21 years of age is eligible for a license to carry a concealed handgun if the person: (1) is a member or veteran of the United States armed forces, including a member or veteran of the reserves or national guard: (2) was discharged under honorable conditions, if discharged from the United States armed forces, reserves, or national guard: and (3) meets the other eligibility requirements except for the minimum age required by federal law to purchase a handgun.

Now, if carrying isn't an option, what else could I use in the case if I had to defend myself (weapon wise)?

Your best weapon isn't the gun, but that gray matter between your ears. As a process server you will be giving notice of civil suits, not typically high risk activity. You will be more successful cultivating an easy going manner and developing a watchful eye on your surroundings. If it looks like more than you would be comfortable handling with a can of pepper spray, then stop and let the constable/sheriff serve that piece of paper. When I send my process server out it is not unusual for me to give her the phone number of the party she is trying to serve so that she contact the respondent and arrange a time/place to serve him. If it's too difficult or dangerous, there are alternatives that an attorney can use to give service under rules 106/109 of the Rules of Civil Procedure. Getting into a gun fight over a civil suit really ain't worth the trouble if it can be avoided. Yes I am an attorney and a CHL holder, but I don't want to endanger another over a piece of paper. Neither do I want the person serving that piece of paper to unnecessarily antagonize another party and make my job more difficult.

In sum, your most used tools are likely to be a cell phone and a gps unit. When you can legally become a CHL holder I encourage you to do so, but don't take chances that you don't need to, even when you can legally carry a gun.

[Randyc74]

Hi Guys

I'm a 30 year police veteran still on the job and have been an Illinois licensed PI for the past 11 years. 95% of my business is civil process service. I generally serve in the area of 500 papers a year. I serve throughout northern Illinois and charge between $50.00 to $150.00 per service. 1 out of every 100 or so services may get a "little mouthy" with me and those are usually women. Every service is approached in a cautious, friendly, but firm manner as need be. I don't usually hand them the papers and walk away without explaining the service to them I don't decieve people by claiming to be the pizza deliverly man. Although I'm a police officer, I don't identify myself as a police officer while serving process. The court and state code of civil procedure grants me certain authority to affect service. If a person calls out from behind a closed door or over an apartment building speaker, I tell them I'm a court process server. If they open the door and admit me great. If they don't, at least I know the service may take a little more work. The bottom line is, if the paper has your name on it, you will be served.
The job is not usually dangerous, but I've had several services where the respondant or defendant was wanted on criminal warrants and I didn't know it while attempting service. There was the time when I was attempting to serve a guy and a police narcotics team decided to execute a search warrant at the same time. I assumed the position face down on the guys porch with my PI badge case in one hand and his summons in the other. He accepted service while handcuffed face down on his living room floor.
When I interview potential employees, if I feel they lack tact and good interpersonal skills, no job for them. The best advise I can offer new servers is "Be nice to people, they have enough problems, their getting sued."
Randy

[Moonclip]

I was once served long ago for a fairly minor bs junk lawsuit small claims court thing. I don't think the lady serving me appreciated I was open carrying a CZ75 in .40s&W while operating a shooting range:)

She tried to put on a brave face and muttered something about how she had to leave her gun at home but I could tell she didn't like it!

[Shadow1198]

Here's the DPS Link (http://www.txdps.state.tx.us/administration/crime_records/chl/chlsindex.htm) with all of the laws, legal requirements, etc that you need to know about CHL's in Texas. Everything Philbo stated is correct and the letter of the law.

Here's a link to the official DPS CHL handbook: Link (http://www.txdps.state.tx.us/administration/crime_records/chl/LS-16_withchanges.pdf)

The specific sections applicable to your question are located on pages 9-11 under GC 411.172. What Philbo said is 100% correct. The military/veteran clause he mentioned is the ONLY other way someone 18 or older and under 21 can obtain a CHL.