Your requert for am opinion on thq,questioa stated above haa beem re- oeived by thin offioa. Ue with to thank you for the very able brisf pnseat- ad by you with your im~uiriea. It has beerr of great assistants in passing upoa,tha quwtiona presentode

Artiole 463 of the Pen81 Code of Texae reads in follows: "W~oaver shill 08x-q 011 or about hlo prom, aaddle, or in his saddle bags any pistol, dirk, dagger, slingshot, sword cum, spear, or kmuokle~~ made of 8q melal or uy bud substanoe, bmie knife, or uy other knife manufao- tured or sold for the purposw of offemss or defense, shall be punished by fine not less thaa $100.00 nor more thaa $600.00 or Iy oonfiaeme* in jail for not less than om@ month nor more ti!~a OM yerr.'

There are oert8ia l xoeptioar mnda to thin Artiole, and those @xoop- tioan are found in th+ succeeding Artiole desigmated No. 484 of the Penal Code, ahioh is LO follorar

"The preceding artiols shall not apply to a person in roturl sex-v- iw as a militirmu, nor to any peace offiasr in the 'actual disohrge of his offioial duty, nor to the ourying of arma on onets ovum premises or plaoe of business, nor to persons traveling, nor to wy deputy constable, or special polioemu who rbosives a oompemsation of forty dollars or more per month for his servioes as s1+91 officer, and who is'appoieed in 6on- fodty with the statutes authorizing suoh appointiemt~ aor to the Dma, Fish ud Oyster Coxmniro%onc)r, )Ior to rnj deh$y iha 18 the-a&tuti dim- oharge of hir dutieo U tirehi-nor to uy~guu11‘7iwd0@, or local deputy Gane,. Fish and Oyster Ccanmissionsr nhea in the actual discharge of his duties 5~ the coumty of his residemoe, nor shall it apply to any game nrdtn or deputy GWUJ, Msh and @vter &mmissioaer who aotually rooeivos from'th.s State fees or compensation for his sezM.oeo."

The eases of Moore v. State, 86 Crimiaal Reports, end Bnksr V. S&tsrfield, 111 Saw. 437, hold in effeot that an individual ifrizsd *2 HcLllu. Scanlan - Page 2 (o-206)

to orrry L pistol upon his m premisea ud while engaged in the pi-form- anoe of his duty at his pl~oe of tiusiasss, and that suoh individual is authorized under the 1rfft.o oury 8 proto going to and returaiag from his place of residence, provided that in making such trips, he does not go out of the regular course of travel. When not returniag home or going to his plaoe of busiaess, such individual has PO authority to carry 8 pistol, and in doiag so would violate Article 483 of the Wnrl Code-

Invies of the 8Iwmr mentioned authorities, it is the opinion of this depwtment, and you are rsspeotfully advised, that the sheriff or any other authority has no right or Power to authorize anyone to aarry PXITLS which at-? prohibited by Article 463 of the Pea.1 Cods.

Truofing that the 8bove amowers your inquiry,wnr 8ro Yours vary truly ATTORNEY GENERAL OF TEXAS By /s/llrdell lRlliams Ardell Rlliams ALssistant APPRUJEDZ

/s/Gerald C. &in

ATTORNBYGENERALCFTEXAS