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Dwayne
Moderators: carlson1, Charles L. Cotton
PC §46.03 makes the premises of a school off-limits, but then states that the definition of premises from PC §46.035 is to be used, so that is quoted above."Premises" means a building or a portion of a building. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area.
I would think this would be grounds for a suit, he knows its legal but has you arrested anyways?Monkey404error wrote:However after talking to the cheif of the university police at the main campus, he said if anyone is found with a gun within its parking lots, he'd have them arrested and let someone sort it out later.
This guy would then get a good lesson in civil law. An officer cannot make a "good faith" arrest for something that is clearly not illegal. Thus, a §1983 civil rights suit against the individual officer and the school is viable. If that's his attitude, then I'd be happy to show him the error of his ways in court. What an arrogant, power-mad jerk! This is the type of COP that good COPs absolutely hate. Any LEO who states he will make an unlawful arrest and let the defendant deal with it should lose his job, his badge, and his TCLEOSE license.Monkey404error wrote:However after talking to the cheif of the university police at the main campus, he said if anyone is found with a gun within its parking lots, he'd have them arrested and let someone sort it out later.
It's too bad that more police chiefs, DAs and judges don't feel the same way.Charles L. Cotton wrote:Any LEO who states he will make an unlawful arrest and let the defendant deal with it should lose his job, his badge, and his TCLEOSE license. Chas.
WildBill wrote:It's too bad that more police chiefs, DAs and judges don't feel the same way.Charles L. Cotton wrote:Any LEO who states he will make an unlawful arrest and let the defendant deal with it should lose his job, his badge, and his TCLEOSE license. Chas.
And as someone who has tried to argue those types of orders, let me ask how fast we can get this implemented.WildBill wrote:It's too bad that more police chiefs, DAs and judges don't feel the same way.Charles L. Cotton wrote:Any LEO who states he will make an unlawful arrest and let the defendant deal with it should lose his job, his badge, and his TCLEOSE license. Chas.
Which is actually still only restating state law, since your agency is the school.J.R.@A&M wrote:Texas A&M University, where I am officed, has an official policy on firearms can be found here: http://rules-saps.tamu.edu/PDFs/34.06.02.M1.pdf . It defines "premises" the same way as state law. I read it as I can have my gun in my car, and I can carry in concealed with a CCL on the sidewalk, but I can't carry it into a building.
My particular agency within the TAMU system has further employee restrictions on carrying weapons, namely I can't carry in an agency vehicle or at an agency sponsored function.
Not quite (technically, Texas AgriLife Extension Service is a separately funded state agency from Texas A&M University proper).barres wrote:Which is actually still only restating state law, since your agency is the school.J.R.@A&M wrote:Texas A&M University, where I am officed, has an official policy on firearms can be found here: http://rules-saps.tamu.edu/PDFs/34.06.02.M1.pdf . It defines "premises" the same way as state law. I read it as I can have my gun in my car, and I can carry in concealed with a CCL on the sidewalk, but I can't carry it into a building.
My particular agency within the TAMU system has further employee restrictions on carrying weapons, namely I can't carry in an agency vehicle or at an agency sponsored function.
Then my apologies, but you did say, "My particular agency within the TAMU system..."J.R.@A&M wrote:Not quite (technically, Texas AgriLife Extension Service is a separately funded state agency from Texas A&M University proper).barres wrote:Which is actually still only restating state law, since your agency is the school.J.R.@A&M wrote:Texas A&M University, where I am officed, has an official policy on firearms can be found here: http://rules-saps.tamu.edu/PDFs/34.06.02.M1.pdf . It defines "premises" the same way as state law. I read it as I can have my gun in my car, and I can carry in concealed with a CCL on the sidewalk, but I can't carry it into a building.
My particular agency within the TAMU system has further employee restrictions on carrying weapons, namely I can't carry in an agency vehicle or at an agency sponsored function.