Texas-Book-Gun Law Armed And Educated - Flipbook - Page 325
First responders
Texas Penal Code Section 46.01 defines a “first responder” as “a
public safety employee whose duties include responding rapidly
to an emergency.” The term includes fire protection personnel
and emergency medical services personnel but does not include
volunteers. To become a first responder, a person must take a
training course, meet all requirements, and receive a certification
of completion. See Tex. Gov’t Code § 411.184.
As a starting point for where LTC holders who are first responders
may carry, Chapter 179 of the Local Government Code explains
that the primary benefits under the first responder law only apply
to cities with a population of less than 30,000 and counties with a
population less than 250,000. In such areas, those municipalities
and counties can adopt a policy to allow first responders who have
an LTC and additional training to carry concealed or openly while
on duty and store handguns on the premises of or in a vehicle
owned or leased by the municipality or county. Additionally, in
these counties, it is a defense to prosecution under Texas Penal
Code Sections 30.06 and 30.07 if the license holder is a first
responder and has an unexpired certificate of completion at the
time of engaging in the applicable conduct and was engaged in the
actual discharge of the first responder’s duties while carrying. So,
if a qualifying LTC first responder carries past effectively posted
Section 30.06 or 30.07 notice, that person may have a defense to
prosecution.
When it comes to prohibited places, directors must approve
devices to enable a first responder to secure and store a handgun
if the first responder, while on duty, is required to enter a location
where carrying the handgun is prohibited by federal law or
otherwise. Still, for prohibited places, Texas Penal Code Section
314 | CHAPTER FOURTEEN
