Am I allowed to CC under the QLEO rules?
Probably, just know that not all states recognize this federal law the same way.
And you will need to rely on your department to supply the memo that you need, which they are not obligated to do.
I carry a retired ID card with Picture from the state
Sorry, I guess I don’t understand the question.
Guess I didn’t understand the Memo you referred too?
Suggest you show a copy of 18 USC 926C to local prosecutor along with the Texas statute that showed that you had arrest authority and were authorized to carry a firearm, however limited, and ask for his/her opinion. I know that Federal Probation Officers and BOP personnel get retired credentials, and are recognized as qualified retired law enforcement officers by definition of the Federal statute. As a similar situation, Texas State Probation officers, while not peace officers, have limited powers of arrest for people under supervision, and may carry weapons while on duty if authorized by their local bosses. Most departments don’t authorize their people to carry firearms or make arrests, but the statute does provide for it and TCOLE does have provisions to qualify active officers. I think an argument can be made that a retired Corrections Officer from TDCJ who otherwise meets the requirements of the Federal law, would meet the requirements of a qualified retired LEO. In some other states, corrections officers are recognized by statute as peace officers and routinely carry firearms off duty. So, it’s worth asking.
Texas Penal Code 46.15 provides that the prohibition of concealed carry do not apply to (a)(5) an honorably retired peace officer, qualified retired law enforcement officer…who holds a certificate of proficiency issued under Section 1701.357, Occupations Code [that is an annual TCOLE firearms qual] and is carrying a photo identification that is issued by a federal, state, or local law enforcement agency, as applicable, and that verifies that the officer is: (A) an honorably retired peace officer; (B) a qualified retired law enforcement officer;…
I can’t offhand find the enabling statute that gives TDCJ corrections officers arrest or firearms authority, but at the TDCJ website describing CO essential functions, a paragraph includes the language, “Responds to emergencies, including climbing stairs and ladders while searching for escaped offenders, hearing calls for and calling for help, giving first aid at the emergency site, carrying an injured or unconscious offender or employee various distances to safety up or down stairs and ladders; and uses force and deadly force, including the use of chemical agents and firearms, to control offenders.”
At any rate, wish you well.
Thanks so much I’ll get-er done…