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by brainman
Mon Dec 03, 2012 11:15 pm
Forum: General Texas CHL Discussion
Topic: You'll Love What DPS in Palo Pinto County is Doing!!
Replies: 200
Views: 35000

Re: You'll Love What DPS in Palo Pinto County is Doing!!

bronco78 wrote:
gigag04 wrote:I was going to reply to some of the more relevant responses, but I see this going nowhere good methinks. Ill shoot a few of you a PM and call it good.
Honestly and sincerely;
From me at least, thank you for your perspective.

I get your not one to get worked up over disarming just because.. and I appreciate that.
I agree. That was why I tried to make clear my comments were not about Gig personally. It was just the comments he provided seem to be standard "reasoning" for disarming. And if used to disarm everyone pulled over, they don't fly.
by brainman
Mon Dec 03, 2012 8:27 pm
Forum: General Texas CHL Discussion
Topic: You'll Love What DPS in Palo Pinto County is Doing!!
Replies: 200
Views: 35000

Re: You'll Love What DPS in Palo Pinto County is Doing!!

bronco78 wrote:
gigag04 wrote:
bronco78 wrote: Mid week, 2200, vehicle observed with a tail light out, plate run, no hits, insurance shows valid.. Lights go on.. driver turns on dome light, turn signal, and pulls over to a parking lot, window rolled down, music turned off, hands on the steering wheel.. contact made, driver makes eye contact and says "good evening, what can I do for you officer?" You ask for ID and insurance, you are handed DL, CHL, Insurance.

Assuming no embellishment from the LEO, and an honest assessment of the contact.. Can you give us an example of how YOU would articulate RS of a safety concern from a CHL to justify disarming in such a situation, to your department chief, the ADA, or a Judge?

Erik
I would explain how I conduct traffic stops during the night time. In the past, I have stopped and arrested CHL holders for DWI and assault family violence. I was made aware that the violator was carrying a loaded weapon while he was being detained for a violation. While the majority of CHL holders are law abiding citizens, in my training and experience (these words are overused, yes, but relevant) I find it safer to operate roadside by temporarily disarming the violator, as allowed under texas law, to ensure my safety. The location of this stop was a busy roadway, and in a high crime area. My senses are already competing for attention by monitoring the flow of cars for both of our safety, watching the violators movements, reading the DL, INS, listening to the radio, and making sure nobody approaches me from behind. These factors combined with monitoring an armed subject in a vehicle, at night time, while conducting the necessary checks of a traffic stop, present a possible, though remote, increase in danger and a threat to officer safety. As a result, the subject was temporarily disarmed for the remainder of the traffic stop.


...Something like that...all the above is reasonable, and not embellished. While I don't disarm CHL holders, I also don't step back to my vehicle because I can see them better. I do the same thing when I think there is dope in the car, but you wouldn't be able to tell by talking with me because I'm so charming :drool:

Thank you :thumbs2:
Polite, professional, truthful response..
It is a good response, but I, too, have to take issue with it. Please note that I'm not personally attacking you, Gig, or any LEO, but merely using the comments to a "judge" that you used.

If I were the judge, DA, etc., I would listen to your remarks and point out that most of what you've discussed are things that occupy your attention and which don't really have anything to do with someone being armed. In fact, in all of what you've said, you didn't really point out why an armed CHL holder presents a safety risk, other than the mere fact that said CHL holder is armed. I would then ask whether you feel your safety is compromised when you spend your time around other armed persons (other LEOs) who commit crimes at a higher rate than CHLs and whom have presented the world with plenty of instances of negligent and unsafe firearm handling. I would also then ask why, if your safety was at risk, you turned your back on the CHL holder while you walked back to your car at the end of the encounter. [On that last part, I'm not using you personally, but instead using the actions I've read from several board postings in people's encounters with LEO that choose to disarm]

Obviously, there are certain circumstances that would warrant a feeling of heightened danger. DWI stops or family violence, as mentioned by Gig above, are examples. But, in the example proposed by Bronco, none of that is an issue.

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