242 – Duty to Carry Firearms

I. Purpose

In accordance with the Texas Code of Criminal Procedure, Article 2A.051, General Powers and Duties of Peace Officers, each peace officer shall: (1) preserve the peace within the officer’s jurisdiction using all lawful means.

II. Definitions

Approved Firearm: A firearm authorized for use either on-duty or off-duty in accordance with Policy 702 — Firearms Control, Qualifications, and Training.

Off-Duty: The status of an employee when they are free of the responsibility to perform routine duties.

On-Duty: The status of an employee who is scheduled and present for HCSO activities.

Under the Influence of Alcohol: Any measurable concentration of alcohol in one’s blood, breath, or urine

III. Policy

All certified peace officers commissioned with the Harris County Sheriff’s Office (HCSO) are authorized to carry an approved firearm both on-duty and off-duty. Prior to carrying any approved firearm either on-duty or off-duty, an employee must have shown proficiency in accordance with Policy 702 — Firearms Control, Qualifications, and Training.

IV. Procedures-Uniformed Certified Personnel

On-Duty or Off-Duty in Uniform:

1. All weapons and equipment that are worn or used by an employee in the performance of duty must be approved by the HCSO.
2. All employees will carry a fully-loaded firearm when in uniform.
3. In addition to a fully-loaded firearm, uniformed employees will carry two complements of extra ammunition (e.g., two speed loaders with six rounds each or two magazines fully loaded).

V. Procedure – Plain-Clothed Certified Personnel

1. On-Duty Requirements
   1. Identification, Badge, and Weapon:

      While on-duty, each employee is required to have a firearm, badge, and HCSO identification in their immediate presence. When on or near HCSO premises or while involved in an investigation, employees dressed in plain clothes will carry their badges in a conspicuous manner, but handcuffs and service weapons will be carried in a manner so as not to be provocative or offensive.

   2. For all other public activities, the badge, handcuffs, and service weapon must be inconspicuous at all times.
2. Off-Duty Requirements
   1. Identification, Badge, and Weapon:

      While off-duty, employees will carry or have in their immediate possession their issued badge (optional: employee-purchased wallet badge), HCSO identification, and an approved firearm.

   2. While not in uniform, employees will carry their weapon inconspicuously. Employees will not wear or carry their service weapons in a conspicuous manner or in plain view.
   3. Exception: The requirement to carry a firearm is optional, and this section will not apply when:
      1. The employee is under the influence of alcohol or in an environment where they may consume alcohol. The employee is strongly encouraged to consider the totality of the exigent circumstances and actual need for an immediate response before acting. An employee taking law enforcement action while impaired may not be considered acting within the course and scope of their employment.
      2. The employee is under the influence of medication that impairs their physical or mental condition.
      3. The employee is engaged in activities (e.g., sports) that make carrying such identification and weapon impractical or impossible.
      4. The employee is attending educational classes, a place of worship, or while traveling outside the State of Texas.
         e. The employee is injured or in an impaired physical condition that would make correct handling of a firearm difficult and unsafe.
      5. The employee is entering a sterile area of an airport.

Revision

This policy has been revised on the below listed dates:

June 26, 2009
August 22, 2008
June 17, 2021
July 29, 2025 (Technical Changes)