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| TEXAS PI's and CHL - DPS Opinion posted http://fugitiverecovery.com/forum/viewtopic.php?f=13&t=13253 |
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| Author: | Charlie Deckert [ Mon 14 May 2012 08:26 ] |
| Post subject: | TEXAS PI's and CHL - DPS Opinion posted |
The following is the official response to the question "Can a PI carry a concealed weapon while working as a PI?" The sort version is yes, because PI's are not regulated with respect to carrying weapons. They fall under the Texas Chapter 46 of the penal code, as we have always contended. --------------------This was updated by PSB on 5/4/2012 but i cant tell where------------------------ May 1, 2012 The question has been asked whether private security licensees who hold concealed handgun licenses (CHL’s) may carry concealed firearms while providing regulated services. The Private Security Act addresses the carrying of firearms by security officers. It limits the carrying of firearms to those security officers who hold a commission as a security officer or as a personal protection officer. See TEX. OCC. CODE §1702.161; §1702.206. Non-commissioned security officers are prohibited from carrying a firearm while on duty. See TEX. OCC. CODE §1702.161(b). The Concealed Handgun Statute expressly provides that a CHL does not exempt a licensed security officer from the duty to comply with Chapter 1702 or the Penal Code. TEX. GOV. CODE §411.200. Therefore, a security officer who holds a CHL must comply with the above provisions while on duty. This means that while on duty a commissioned officer must carry openly and a non-commissioned officer cannot carry at all. The statute does not regulate the possession of firearms by those who are not employed as security officers. The possession of firearms by locksmiths, alarm sales persons or installers, or private investigators, is not regulated by the Private Security Act but by Chapter 46 of the Penal Code. A private investigator, locksmith, alarm installer, etc., who provides no security or personal protection services need not be licensed as a commissioned officer or personal protection officer and may carry under the authority of a CHL. It has been suggested that Chapter 1702’s insurance requirement is relevant to this analysis, such that a CHL-holding private investigator can carry concealed while providing investigative services only if he or she were to obtain the statutorily-required commercial liability insurance. However, the Private Security Act does not regulate the possession of firearms by private investigators and there is no license for a “commissioned private investigator.” The statute’s insurance requirement can only apply to services that are regulated under the statute. |
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