CHL's legal obligation to assist/aid Police Officers

[WildBill]

Code of Criminal Procedure Art. 2.14. MAY SUMMON AID.
Whenever a peace officer meets with resistance in discharging any duty imposed upon him by law, he shall summon a sufficient number of citizens of his county to overcome the resistance; and all persons summoned are bound to obey.

This is a posse. This law still is used, usually in rural counties in emergencies.

A CHL holder is not otherwise a junior deputy or anything of the sort.

- Jim

Thanks Jim! That's what I was looking for.

As stated, applies to all regardless of CHL.

So, the obvious question is. If you are a member of the posse, can you open carry?

[seamusTX]

I think what the instructor may have meant was that as a CHL it may be more likely that you would be asked for help in an emergency than a non CHL, not that as a CHL you are obligated any more than anyone else.

I'm not arguing about what the instructor may have said, but the police currently have no way of knowing who has a CHL.

Also, a person who is qualified to get a CHL could be deaf, blind in one eye, have emphysema and rheumatoid arthritis, and generally find it difficult to assist in a physically demanding situation. It would not make practical sense to place such a requirement on CHL holders.

Furthermore, when the balloon goes up, I would much rather have a shotgun or carbine. Probably far more people own and can use a long gun than have a CHL.

- Jim

[WildBill]

(2) his conduct is required or authorized to assist a public servant in the performance of his official duty, even though the servant exceeds his lawful authority.

I think the confusion might be coming from the word "required" here... Are there any circumstances where a person (CHL or no) can be "required" to assist a public servant?

I think that this section is to provide a defense against prosecution if you are lawfully required to assist an LEO.

[gigag04]

(2) his conduct is required or authorized to assist a public servant in the performance of his official duty, even though the servant exceeds his lawful authority.

I think the confusion might be coming from the word "required" here... Are there any circumstances where a person (CHL or no) can be "required" to assist a public servant?

I think that this section is to provide a defense against prosecution if you are lawfully required to assist an LEO.

Yup.

[mreavis]

I'm not arguing about what the instructor may have said, but the police currently have no way of knowing who has a CHL.

Thats not true, if they run your name or license plate it tells them.

[alvins]

what if he was out gunned and you had a more powerful weapon would you let him borrow it?

me? im getting the heck out of their unless required to render aid.

[seamusTX]

I'm not arguing about what the instructor may have said, but the police currently have no way of knowing who has a CHL.

Thats not true, if they run your name or license plate it tells them.

What I meant is that the police have no way to know in general who has a CHL and call those people for duty in a posse. They can find out from running the driver license only after stopping a person for probable cause of committing an offense.

- Jim

[RoyGBiv]

All of this is pretty interesting... Good discussion..

As I'm reading this thread, I can't help but imagine a "posse" of New Yorkers...
Bunch of city-folks on horses, dressed like Snookie, designer clothes, French manicure, high heels...
Chasing down BG's in Central Park.

[/offtopic]

[Doug.38PR]

Shortly before getting my chl 8 years ago, I actually had a guy at Collectors Firearms (I don't think he works there anymore, haven't seen him around in years anyway) tell me that as a CHL holder, you are required to aid in rendering assistance to people. Like if an accident happens on the highway, you are required to assist those involved.
I told him I thought that was the law (good samaritan law) regardless of CHL and I'd be glad to help in any event. He told me "it's different if you have a CHL though." He claimed that this "law" means that "if a policeman is not around, you're supposed to step in and handle things."

Even then I thought that had to be more than a little wrong. And sure enough a few weeks later when I got in touch with the CHL instructor at that store about taking a class, that was one of the first things I ask him about. "Absolutely not true. You don't come anywhere near the level of a police officer." he said.

[LSUTiger]

Thanks for the information I think this clears things up for me. I was able to find another thread on another website where another CHL had the same issue but no references to actual laws were given. I guess I'm not the only one with a fuzzy memory.

[PappaGun]

Honestly,
I would not even want to help.
Not in any capacity where it would require me to be involved with or as a first responder anyway.
I have no experience in such matters.
I am not and never have been a LEO and have NO experience in ANY procedures, protocols or practice of the LEO.
They are trained.
I would get myself killed or kill some one else.
I will offer what ever assistance I can after the fact.

[Mike1951]

So, the obvious question is. If you are a member of the posse, can you open carry?

IMO, In this type of emergency situation, no one is going to care how or what you carry.

But you're not going to have time to run home to get another holster.

If your concealment holster also works unconcealed or if it's just a matter of taking your jacket off, for the term of the emergency it should not be an issue.

As soon as the situation is under control, I wouldn't stand around with it exposed.

[WildBill]

So, the obvious question is. If you are a member of the posse, can you open carry?

IMO, In this type of emergency situation, no one is going to care how or what you carry.

Sorry, I should have used the facetious icon.

[Big Tuna]

Are CHL's legally obligated (more than anyone else) to assist or render aid in anyway to a Police Officer if requested.

No more than anyone else.

I think what the instructor may have meant was that as a CHL it may be more likely that you would be asked for help in an emergency than a non CHL,

Not unless you're doing a really bad job at concealing.

[gigag04]

I'm not arguing about what the instructor may have said, but the police currently have no way of knowing who has a CHL.

Thats not true, if they run your name or license plate it tells them.

Wrong. The CHL shows in the TCIC database which is the same place that warrants, protective orders, missing persons, and runaways are listed. It is not attached to the vehicle registration record, and will not show up when querying a vehicle. It does not even post on a DL record, though most agencies, including ours, bundle the info of DL, TCIC, NCIC, and internal records check.