A question for LE...

[BoneDigger]

While at Cabelas in Buda today I saw a guy with no physical evidence of being a law enforcement officer, but he was openly carrying a firearm in public. I suspect he must have been a LEO but it was the first time I had seen somebody carrying openly without some kind of uniform, badge, or at least shirt with a seal showing. Is this normal?

Todd

[TDDude]

Nope, not normal.

LEO's need to carry a visible badge or be in uniform if openly carrying.

Of course, I'm not a lawyer but my ex wife married one. Does that count?

[CrimsonSoul]

Nope, not normal.

LEO's need to carry a visible badge or be in uniform if openly carrying.

Of course, I'm not a lawyer but my ex wife married one. Does that count?

did you stay at a Holiday Inn Express last night too?

[boomerang]

LEO's need to carry a visible badge or be in uniform if openly carrying.

Please cite the law for that.

[Originalist]

Sec. 46.02. UNLAWFUL CARRYING WEAPONS. (a) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun, illegal knife, or club if the person is not:
(1) on the person's own premises or premises under the person's control; or
(2) inside of or directly en route to a motor vehicle that is owned by the person or under the person's control.
(a-1) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun in a motor vehicle that is owned by the person or under the person's control at any time in which:
(1) the handgun is in plain view; or
(2) the person is:
(A) engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic;
(B) prohibited by law from possessing a firearm; or
(C) a member of a criminal street gang, as defined by Section 71.01.
(a-2) For purposes of this section, "premises" includes real property and a recreational vehicle that is being used as living quarters, regardless of whether that use is temporary or permanent. In this subsection, "recreational vehicle" means a motor vehicle primarily designed as temporary living quarters or a vehicle that contains temporary living quarters and is designed to be towed by a motor vehicle. The term includes a travel trailer, camping trailer, truck camper, motor home, and horse trailer with living quarters.
(b) Except as provided by Subsection (c), an offense under this section is a Class A misdemeanor.
(c) An offense under this section is a felony of the third degree if the offense is committed on any premises licensed or issued a permit by this state for the sale of alcoholic beverages.


Sec. 46.03. PLACES WEAPONS PROHIBITED. (a) A person commits an offense if the person intentionally, knowingly, or recklessly possesses or goes with a firearm, illegal knife, club, or prohibited weapon listed in Section 46.05(a):
(1) on the physical premises of a school or educational institution, any grounds or building on which an activity sponsored by a school or educational institution is being conducted, or a passenger transportation vehicle of a school or educational institution, whether the school or educational institution is public or private, unless pursuant to written regulations or written authorization of the institution;
(2) on the premises of a polling place on the day of an election or while early voting is in progress;
(3) on the premises of any government court or offices utilized by the court, unless pursuant to written regulations or written authorization of the court;
(4) on the premises of a racetrack;
(5) in or into a secured area of an airport; or
(6) within 1,000 feet of premises the location of which is designated by the Texas Department of Criminal Justice as a place of execution under Article 43.19, Code of Criminal Procedure, on a day that a sentence of death is set to be imposed on the designated premises and the person received notice that:
(A) going within 1,000 feet of the premises with a weapon listed under this subsection was prohibited; or
(B) possessing a weapon listed under this subsection within 1,000 feet of the premises was prohibited.
(b) It is a defense to prosecution under Subsections (a)(1)-(4) that the actor possessed a firearm while in the actual discharge of his official duties as a member of the armed forces or national guard or a guard employed by a penal institution, or an officer of the court.
(c) In this section:
(1) "Premises" has the meaning assigned by Section 46.035.
(2) "Secured area" means an area of an airport terminal building to which access is controlled by the inspection of persons and property under federal law.
(d) It is a defense to prosecution under Subsection (a)(5) that the actor possessed a firearm or club while traveling to or from the actor's place of assignment or in the actual discharge of duties as:
(1) a member of the armed forces or national guard;
(2) a guard employed by a penal institution; or
(3) a security officer commissioned by the Texas Private Security Board if:
(A) the actor is wearing a distinctive uniform; and
(B) the firearm or club is in plain view; or
(4) a security officer who holds a personal protection authorization under Chapter 1702, Occupations Code, provided that the officer is either:
(A) wearing the uniform of a security officer, including any uniform or apparel described by Section 1702.323(d), Occupations Code, and carrying the officer's firearm in plain view; or
(B) not wearing the uniform of a security officer and carrying the officer's firearm in a concealed manner.
(e) It is a defense to prosecution under Subsection (a)(5) that the actor checked all firearms as baggage in accordance with federal or state law or regulations before entering a secured area.
(f) It is not a defense to prosecution under this section that the actor possessed a handgun and was licensed to carry a concealed handgun under Subchapter H, Chapter 411, Government Code.
(g) An offense under this section is a third degree felony.
(h) It is a defense to prosecution under Subsection (a)(4) that the actor possessed a firearm or club while traveling to or from the actor's place of assignment or in the actual discharge of duties as a security officer commissioned by the Texas Board of Private Investigators and Private Security Agencies, if:
(1) the actor is wearing a distinctive uniform; and
(2) the firearm or club is in plain view.
(i) It is an exception to the application of Subsection (a)(6) that the actor possessed a firearm or club:
(1) while in a vehicle being driven on a public road; or
(2) at the actor's residence or place of employment.


Sec. 46.15. NONAPPLICABILITY. (a) Sections 46.02 and 46.03 do not apply to:
(1) peace officers or special investigators under Article 2.122, Code of Criminal Procedure, and neither section prohibits a peace officer or special investigator from carrying a weapon in this state, including in an establishment in this state serving the public, 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;

There is no provision of the law that requires a badge to be visible or for them to be in uniform...... Some department policy may require a badge be visible but the law does not.

[sjfcontrol]

Nope, not normal.

LEO's need to carry a visible badge or be in uniform if openly carrying.

Of course, I'm not a lawyer but my ex wife married one. Does that count?

It only counts if she married the lawyer that handled your divorce -- Extra credit if it was the lawyer representing YOUR side!

[shootthesheet]

So, this officer was open carrying a firearm with no badge showing or uniform, in Texas, and no one freaked out and started screaming "GUN" or posting 30.06 signs everywhere and no LEOs were harassing him for ID?

[kidder014]

So, this officer was open carrying a firearm with no badge showing or uniform, in Texas, and no one freaked out and started screaming "GUN" or posting 30.06 signs everywhere and no LEOs were harassing him for ID?

Imagine that!

[MojoTexas]

Or perhaps it was a CHL holder who forgot he was carrying and left his jacket in the car....

[DONT TREAD ON ME]

While at Cabelas in Buda today I saw a guy with no physical evidence of being a law enforcement officer, but he was openly carrying a firearm in public. I suspect he must have been a LEO but it was the first time I had seen somebody carrying openly without some kind of uniform, badge, or at least shirt with a seal showing. Is this normal?

Todd

I was there late last year and saw the same thing. Guy with his family, open carrying, with no badge LE ID or anything. I guess its normal for Buda.

[puma guy]

While at Cabelas in Buda today I saw a guy with no physical evidence of being a law enforcement officer, but he was openly carrying a firearm in public. I suspect he must have been a LEO but it was the first time I had seen somebody carrying openly without some kind of uniform, badge, or at least shirt with a seal showing. Is this normal?

Todd

I was there late last year and saw the same thing. Guy with his family, open carrying, with no badge LE ID or anything. I guess its normal for Buda.

He would do well not to venture to Round Rock.