Special Status CHLs
Posted: Sat Feb 07, 2009 9:12 pm
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.
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.
