Special Status CHLs

[CHL/LEO]

After detail today we had a training update where the following information was passed on to our group of officers. This week we had a situation at Love Field where an individual attempted to pass through the security screening area with a handgun. TSA called and advised us that they had a bag with what appeared to be a handgun. We sent an officer to the location and went through our normal routine, "Is that your bag sir?" About that time the light went off in the gentleman's head and he realized why we were there. "Oh my gosh, I forgot my pistol was in there." This usually happens once or twice a week and we refer to it as a "Barry Switzer". Anyway, the fellow was nice enough and couldn't have been more apologetic.

We took possession of the bag with his handgun in it, asked him to gather up the rest of his stuff, and then everyone proceeded to the airport police station. Once we arrive our routine is to explain to them that they have broken a state law (Penal Code Chapter 46.03 - Places Weapons Prohibited) and that we are going to seize their handgun, arrest them, and charge them for a felony. After we did just that the fellow says, "I need to let you know that I'm immune from prosecution because I have a Concealed Handgun License." We explained that we were aware of the Concealed Handgun laws but that they did not allow a CHL holder to enter a secured area of the airport. He replied, "I know that but I have a special CHL that provides me immunity from prosecution." All the time he was being extremely polite and was just stating this as a fact - no attitude or anything - a real gentleman.

He was told that we would like to see his CHL so that we could see what was special about it. He produced it and on the CHL it was clearly printed "Judge / Prosecutor". None of the officers present (about five) had ever seen or heard of a CHL with this printed on it. He told us he was a City Prosecutor and that as such he was issued this type of CHL. We told him that was nice but asked him how exactly was he immune from prosecution? He said that judges and prosecutors were made exempt from most criminal aspects of violating any of the statues that other CHL holders must adhere to. Because none of the officers present had ever heard of this, and they couldn't find any written reference to it, they decided to call our legal department to see what they said.

They stated that they had never heard of such an exemption, but that since this individual (attorney) seemed so sure of it being the fact, that they would call down to Austin to see what they could find out. A short time later they called back and told the officers that he was correct. They said they were told that he was holding what Austin referred to as a "Special Status CHL" and those individuals could not be criminally prosecuted for any violations of "Places Weapons Prohibited". They weren't supposed to take their concealed handgun into those locations but that if they did, and they got caught, they basically had a "Get Out Of Jail Free" card. We were told to escort him out of the secure area of the airport and return his handgun to him as it couldn't be seized either. He stored his handgun in his car, which was parked in the garage, and then proceeded to return through security and board the next flight to his destination.

I had never heard of this type of "Status CHL" before and thought I would pass it on in case others weren't aware of it either. Our legal folks were told that this exemption was probably provided by the legislature to judges and prosecutors so that they could carry concealed handguns for protection into courtrooms, which is listed as one of the places where weapons are prohibited in the Penal Code. I guess that they just went ahead and eliminated all the other places in that category too which gave them a blanket pass. If anyone is familiar with this exemption, or knows where something can be found in writing that details it, I would be much appreciative.

[cbr600]

Some people are more equal than others.

[cbr600]

If anyone is familiar with this exemption, or knows where something can be found in writing that details it, I would be much appreciative.

It's in the same section (46.15) that says 46.02 and 46.03 don't apply to peace officers.

[CHL/LEO]

46.03 don't apply to peace officers.

Our interpretation is that if an off-duty police officer attempts to take a weapon through a security screening area he violates 46.03 of the Penal Code. Are you saying that those folks listed in 46.15 are immune from 46.03 whether they are on duty or not?

[CHL/LEO]

Thanks everyone for the info. I knew that if I asked on here that I'd get a quick response.

By the way, the TSA didn't really care that we couldn't arrest him. The filed on him (civil not criminal) for violating federal statues (I believe it's a standard $10K fine) and whether or not he can get out of that I'm not sure. They also told us that he could have been charged for a federal felony, but that a FBI agent would have had to come and and arrested him and then taken him to Federal Magistrate. The chances of that happening are pretty slim.

Now if someone causes a disturbance on a flight that's airborne, and doesn't comply with the aircrew, a FBI agent is dispatched to the airport and will charge that individual with a federal crime since we don't have the authority to do so. There is zero tolerance for that type of behavior and if there's an Air Marshall on board they can do the same.

[nitrogen]

Makes me absolutely sick.

[KRM45]

The same thing happened in December...

http://www.texasshooting.com/TexasCHL_F ... 3f#p237204

[KRM45]

46.15

PC §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;

My question is, is a City Prosecutor considered a peace officer or special investigator?

You missed These:

4) a judge or justice of a federal court, the supreme court, the court of criminal appeals, a court of appeals, a district court, a criminal district court, a constitutional county court, a statutory county court, a justice court, or a municipal court who is licensed to carry a concealed handgun under Subchapter H, Chapter 411, Government Code;

and

(6) a district attorney, criminal district attorney, municipal attorney, or county attorney who is licensed to carry a concealed handgun under Subchapter H, Chapter 411, Government Code; or

[srothstein]

Well, KRM45 and I were posting at the same time, but he got it first. I hit post and the system showed me he had just posted the special status CHL exemptions.


What strikes me as interesting is the conclusion from your legal department that would say he is exempt but they have been allowing you to arrest peace officers. Since it is the same section of law, it should apply to both equally.

And as a peace officer, I would never have thought I could carry into the secure parts of the airport off duty like that. As was pointed out, it is still a federal crime though, for either him or the cops.

[Skiprr]

So I suppose now you have a new term for this much more rare event: a "Judge Barry Switzer."

Sorry. I chuckled at the first reference, and couldn't help myself...

[CHL/LEO]

What strikes me as interesting is the conclusion from your legal department that would say he is exempt but they have been allowing you to arrest peace officers.

Steve - thank goodness we've never had to cross that street. None of us could ever recall an off-duty LEO coming through security with a gun. I'm sure they all think the same as you did - most of us would have never assumed that we could carry a concealed gun into a secure area of an airport. I'm thinking that we ought to call out to DFW and ask their police officers if this has ever happened to them - LEOs or Judge/Prosecutors.

Until the responses on this thread I've never really paid that much attention to 46.15 as it's really one of those non-event chapters that you don't ever run across much. I still would love to know what the legislature was thinking when they created all of these exceptions and entitlements. I can somewhat understand about letting a judge or prosecutor carry concealed in their courthouse, but why an airport? The same with off-duty CCP 2.12s - why should they need to carry into a secure area of an airport? There must be something I'm not seeing on this, but with our legislators - maybe not.

I guess the thing that would make the most sense would be to let CHL holders carry in the same places that any of these exempt folks can carry and then it would be fair for all.

[nitrogen]

I guess the thing that would make the most sense would be to let CHL holders carry in the same places that any of these exempt folks can carry and then it would be fair for all.

Agreed.
Considering the background check we in Texas go through to get a CHL, it should be a non issue.

As an aside, as someone that's very hard on many LEO's, I *AM* glad that there are some like you out there, fair minded. If the majority of them were like you, I would not be as hard on them as I am.

[AEA]

I guess the thing that would make the most sense would be to let CHL holders carry in the same places that any of these exempt folks can carry and then it would be fair for all.

RIGHT ON! That's they way it should have been written in the first place......

[stevie_d_64]

Makes me absolutely sick.

Makes me feel like I am forced to ride on the short bus...