TexasCHLforum.com

gregthehand wrote:I think this is getting off topic Geo. I will send you a PM so we don't hijack the thread away from disarming or not.

That's ok, The original intent of the thread was about how we could be disarmed, not why we could be disarmed.

I was just wanting a general consensus that if you give an officer your CHL as ID that he could then ORDER you out of your vehicle while he removes the firearm from the vehicle without consent from the driver of the vehicle or a warrant from a judge. This started on a motorcycle forum I frequent and a fellow member told of an stop where he showed his ID. The officer ordered him off the bike and then proceeded to go through his tank bag, without consent from the owner or a warrant from a judge, to secure the gun. I expressed that I thought that was an illegal search and an invasion of privacy. I then had an LEO jump on me because it's his right to disarm me.

It appears though that the general consensus on this forum as well is that an LEO can search your vehicle with consent or a warrant and that anything else that is found during this search can be used against you in a future court case.

I don't agree with it, but I don't write the laws.

My original intent of this thread was to get a general feel, not for being disarmed, but in how it is done.

Could the officer order you out of the vehicle and search for your handgun without a warrant or permission from the owner.

The general opinion on the matter from the ones who answered the original question is, "YES", an officer can order you out of the vehicle and search to find your gun and anything else found during the search can be used against you, even though no warrant was issued and no permission was given for the search.

So I should keep my weed in the glovebox with my gun? Then when I am asked to exit the vehicle and the officer opens the glovebox and my weed falls out, I can't be charged with possession because I did not consent to be searched.

I understand that an officer can take the firearm during a stop, not a problem, that is understood...


What I want to know is, can he ask you to get out of the vehicle and take the handgun from inside your vehicle without consent from the owner or a warrant from a judge? If I am pulled over and asked for ID, I then present my DL and CHL, officer then asks if I am armed, I say yes, it's in the glovebox, officer then says "exit the vehicle", I get out as requested, he then goes into my vehicle and retrieves the handgun. I have not given permission to search my vehicle and he has no warrant to enter my property. I don't believe that is right and that's is not how the law is written. I don't believe it is any different than an officer walking into my house and searching for firearms without consent or a warrant.

Dave905 wrote:Charles,

If an officer wouldn't have the authority to retrieve the gun from the locked trunk, would that also apply to a locked (and bolted down) valut in the console of a vehicle?

I don't believe so, if you don't have immediate access to it, it shouldn't be a problem.

I'm having a debate with an LEO on another forum. He claims that after you show him your CHL and then tell him where the gun is, that he then can order you to leave the vehicle and retrieve the gun himself without consent from the driver or a warrant.

I know that an officer can have you surrender your weapon during a traffic stop, but I don't believe an LEO can go into a vehicle with consent or a warrant.

Any opinions will be appreciated.