Texas-Book-Gun Law Armed And Educated - Flipbook - Page 326
46.15 explains that Sections 46.02 and 46.03 do not apply to a first
responder who: was carrying a handgun in a concealed manner or
in a holster; holds an unexpired certificate of completion under
Section 411.184 of the Texas Government Code at the time of
engaging in the applicable conduct; was engaged in the actual
discharge of the first responder’s duties while carrying the
handgun; and was employed or supervised by a municipality
or county to which Chapter 179 of the Local Government Code
applies.
Volunteer emergency services personnel
Under Texas Penal Code Sections 30.06 and 30.07, it is a defense
to prosecution that the license holder is a volunteer emergency
services personnel. Meaning, LTC holders who are also volunteer
emergency services personnel have a defense to prosecution under
Sections 30.06 or 30.07, even when not engaging in rendering
emergency services. Therefore, while first responders only
receive the defense in areas with a certain population number,
volunteer emergency services personnel who have an LTC have
the defense to prosecution at all times, even when not engaging in
rendering emergency services. This is most likely an error in the
Texas Legislature’s drafting, but it remains the law nonetheless.
If a person has an LTC and they are a volunteer firefighter, a
volunteer emergency service provider pursuant to Texas Health
& Safety Code Section 773.003, or a person who is rendering
services for the general public during emergencies, Texas Penal
Code Section 46.03 (prohibited places) does not apply to them.
2. Peace officers
The prohibitions in Texas Penal Code Section 46.03 do not apply
to police officers, regardless of whether they are on or off duty.
Law Of Handgun Carry: Part III 315
