TexasCHLforum.com

What Kevin is pointing out is that the disarming may not have been legal. The law states the police can only disarm when they reasonable belive it is necessary. This is called the reasonable man theory and another way of saying it is that the police can only disarm you when a reasonable person in their place would have felt it was necessary for safety.

Are you reasonable? Do you feel it was necessary for safety? If you disagree about the necessity and are a reasonable person, then the legality of the search may be questioned.

As a general rule, I probably cheat on this a little by not teaching my students they have the right to disarm, but I do not feel a policy of disarming any CHL is reasonable or legal. I go with what the SCOTUS said about frisks. There has to be an articulable reason why I felt this stop put me in danger. The mere fact that the man is known to have a gun is not enough, IMHO, especially when countered by the fact that he passed a background check and volunteered the information to me.

Obviously, reasonable people will disagree on the necessity of the disarming in any particular incident, btu I think we all agree that a policy of disarming every CHL an officer comes into contact with is not reasonable or legal.