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by srothstein
Sat Nov 16, 2013 9:57 pm
Forum: General Texas CHL Discussion
Topic: consent to carry on school premises
Replies: 12
Views: 1570

Re: consent to carry on school premises

gdanaher wrote:The only folks inside a Texas school with a gun (with those few exceptions approved by local boards) are sworn police officers. If someone has been through training and holds a police warrant, even if not employed, I understand that they would be legal inside a school, just as any locally employed cop would be.
This is not quite correct. The law says peace officers may carry, but the term peace officers is defined in Article 2.12 of the Code of Criminal Procedure. This lists people by occupation, such as city police officers, sheriffs and their deputies, etc. The upshot of this is that if you are not currently employed in one of those listed occupations, you are not a peace officer and cannot carry in a school, even if you have a license.

For example, I have my master peace officer license from TCOLE, but I am not currently employed, so I am not a peace officer.

Having pointed that out, I will add that PC 46.15(a)(5) makes the same exceptions available for retired officers, and defines that to include being honorably retired after 15 years of service, having qualified within the past year, and having the appropriate photo ID. Former officers who leave before 15 years or who are not collecting their pension are not considered retired and have no privileges for carrying.

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