Can an off duty peace officer be denied admittance to private property because he is armed? Specifically, An HPD officer bought a ticket to a local concert venue and was not admitted until he placed his weapon in his vehicle. I have contacted DPS Legal, AG's Office and TCLEOSE with no conclusion reached. What, if any, legal authority would allow for this exclusion? Thanks.

Check out PC Sec. 30.05 (for those w/o CCLs) and 30.06 (for CCL holders) and see if you disagree.

I used to work Investigations at Six Flags Fiesta Texas and we didn't allow officers to bring weapons into the park either.

The park did allow officers bring in weapons until an officer was riding the bumper cars and his weapon fell out of his waistband, unknown to him, and was lying in the seat. The ride operator looked over to see the next rider in that car, a 6 year old, holding the gun trying to pull the trigger thinking it was a "play" gun.

This incident, coupled with officers who would put their weapon in a locker while in the water park only to have the locker broken into and the gun stolen, caused the change and total prohibition within the park.

Not all officers think about the consequences of carrying on off duty time. I seem to remember this was a big deal years ago, but the officers lost and a business CAN prohibit unless soemthing has changed.

For what it's worth, I formally challenged this policy at Austin Bergstrom International Airport. My daughter flies as an unaccompanied minor, and I escort her to/from the gate on a "pass" from the airline.

I inquired with the Airport police about how to proceed through security while armed (and "off-duty," though I'm on call 24/7, so I'm never really "off-duty" in that sense) but not in uniform. I was told that it was not possible due to TSA policy. I was polite, and I complied (the airport police allowed me to secure my weapon in their locker while I escorted her). I also, however, filed an official complaint with the Airport Police and TSA with regards to the policy (let me stress again - the OFFICERS were nothing but polite and helpful!).

Imagine my suprise last week when I got a letter from the ABIA police at my agency, and was informed that due to my complaint they re-examined their policy with TSA, and REVERSED IT!

Now, at ABIA, TSA & the Airport Police will allow a law enforcement officer (armed and with credentials) to carry (they much prefer concealed, I've never tried to carry open out of uniform there) anywhere a non-officer would be allowed access (meeting children at the gates, etc.).

Note the expection: I am NOT flying armed, simply meeting someone on the other side of the secured area.

Mike

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Originally posted by Shannon Edmonds:
Check out PC Sec. 30.05 (for those w/o CCLs) and 30.06 (for CCL holders) and see if you disagree.

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It could be, but only if he refused to leave after being told he couldn't carry. Personally, I'd have asked for a refund. I'm pretty likely to bump into folks I've arrested, especially at concerts or other large gatherings.

Although, if they're selling alcohol, one wonders if the Alcoholic Beverage Code wouldn't otherwise allow him access (yeah, I'm not sure I want to have to justify to my department why I got into an arguement about carrying off-duty and use ABC as a winning point, but it's technically an option).

Mike :/