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by Jusme
Fri Feb 22, 2019 7:26 am
Forum: 2019 Texas Legislative Session
Topic: HB 2164 - civil and criminal penalties for prohibiting LEO carry
Replies: 13
Views: 3820

Re: HB 2164 - civil and criminal penalties for prohibiting LEO carry

Flightmare wrote: Fri Feb 22, 2019 2:08 am I would have fewer issues with this law if it only applied to LEO who were on-duty at the time. But I do not see that limitation. The current law states;
Art. 2.1305. CARRYING WEAPON ON CERTAIN PREMISES. (a) An establishment serving the public may not prohibit or otherwise restrict a peace officer or special investigator from carrying on the establishment's premises a weapon that the peace officer or special investigator is otherwise authorized to carry, regardless of whether the peace officer or special investigator is engaged in the actual discharge of the officer's or investigator's duties while carrying the weapon.
Perhaps someone can help me understand. Does this mean that a LEO can never be prevented from carrying, even while off duty? Or does it mean that only while on-duty but not necessarily an active call (ie. a lunch break).


It means on duty, off duty, out of jurisdiction, 24/7. I could walk in to any bar, restaurant, courthouse, school, sporting event etc. when I was a LEO. If they had security, I just showed my badge and bypassed metal detectors.

This is why I have been so adamant about getting laws passed, to allow LTC holders, to carry anywhere LEO can.

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