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Question about CCW in Texas

Discussion in 'Legal' started by Aggie's Revenge, Oct 13, 2006.

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  1. Aggie's Revenge

    Aggie's Revenge Member

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    Recently I had to spend a lot of time at NW Hospital in Amarillo. They had signs posted at the entrance stating the CCW law prevented the carrying of firearms on the premise.

    As an Oklahoma LEO would that restriction apply to me carrying my weapon in the hospital? My understanding was that it would not since I was carrying under the federal legislation.

    Anyone know for sure?
     
  2. cane

    cane Member

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    Two questions, first how was the sign worded, was it in both Spanish & English, and did it reference Texas Statute 30.06? Second are you still an active officer or are you retired?
     
  3. wdlsguy

    wdlsguy Member

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    Did the sign or signs contain the following language?

    http://www.txdps.state.tx.us/administration/crime_records/chl/signposting.htm

    This is what would be required to keep someone carrying on a CHL out.
     
  4. LeonCarr

    LeonCarr Member

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    Try contacting the Texas Attorney General's Office, and get an opinion from them in writing.

    www.oag.state.tx.us

    Carry of weapons by Peace Officers differs from that of CHL holders.

    I hope this helps.

    Just my .02,
    LeonCarr
     
  5. KnifeLawGuy

    KnifeLawGuy Member

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    Aggie,

    By "federal legislation" I assume you mean the Law Enforcement Officer's Safety Act of 2004 (LEOSA), codified at 18 U.S.C. Sec. 926B.

    Here's a relevant excerpt of Sec. 926B:

    Thus, it appears from the plain language of the statute that LEOSA does not "supercede or limit the laws of any state that" allows private persons or entities to prohibit concealed firearms on their property, e.g., via a valid Sec. 30.06 (I think) sign in TX. LEOSA also does not appear to prevent state or local governments from restricting or prohibiting firearms possession on public property such as government buildings, public parks, etc.

    As a practical matter, whether you, as a LEO, would get charged with violating a valid CCW prohibition would (assuming you were caught, and this was the only issue) probably depend on the local LEO attitude towards other out-of-state LEOs. That is, whether the local LEOs will exercise enforcement discretion and extend professional courtesy to you as an out-of-state LEO and overlook this technical breach of state/local law.

    Edited to add: Also, note that some states have statutes (that generally pre-date LEOSA) that allow out-of-state LEOs to carry and which may afford greater carry privileges for LEOs than would otherwise apply. You should check with the TX AG's office whether TX has such a law.

    Hope this helps. Stay safe.

    david.
     
  6. Mr Kablammo

    Mr Kablammo Member

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    I believe it is illegal, not just policy, to CCW in a hospital. Try asking at www.shootingtexas.com also.
     
  7. Geronimo45

    Geronimo45 Member

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    Must be .30-06 posted, Spanish and English, in big letters. Gov't buildings are illegal, though. Hospitals must be posted, same with churches.
     
  8. Glockamolie

    Glockamolie Member

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    Location:
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    For a CHL holder, they have to be properly posted 30.06 to be off-limits. I don't know about the out-of-state active LEO carrying, though.

    EDIT: ^^^^^Like he said.
     
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