HomeMy WebLinkAboutStatus of Reserve Police 1967 LAW OFFICE OF
JOHN L. SANDSTEDT
• 307 SOUTH MAIN STREET
BRYAN,TEXAS 77801
POST OFFICE
TELEPHONE 823 -5220 June 13, 1967 BOX 3727
Mr. Jake Cangelose
402 Mitchell Street
Bryan, Texas
RE: Status of Reserve Police
Dear Jake:
You will recall that you inquired whether or not a reserve policeman
could carry arms while acting in his capacity as such. I have concluded
from reviewing the authorities that he can. Article 483, Texas Penal
Code, makes it unlawful to carry various named weapons including
pistols, and makes the offense punishable with a fine of not less than
$100.00 nor more than $500.00 or by confinement in jail for not less than
one month nor more than one year. Article 484, Penal Code, then says
that this article is not applicable to certain named officials including
special policemen who receive a compensation of $40.00 a month or
more and who are appointed in conformity with the statutes authorizing
such appointment. Among those exempt under the terms are peace
officers and there is a case which holds that a de facto peace officer
is considered a peace officer when in the discharge of his duties as such.
There are also some cases which hold that if a defendant honestly
believed that he was legally appointed as a peace officer and would be
justified in carrying a pistol had he in fact been such an officer, he is
entitled to aquittal on a charge for carrying a pistol although the
appointment was, in fact, illegal.
In summary, I would take the position that a reserve policeman of the
city of College Station is a peace officer. One word of caution is
necessary. A policeman in one city has no authority to carry a pistol
into a public assembly of another city. In another city, he is merely a
private citizen. I would, therefore, take the position that the status of
the reserve policeman would be limited to the city where the force is
operated.
Kindest personal regards.
Yours very truly,