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by The Annoyed Man
Tue Oct 06, 2009 10:56 am
Forum: General Texas CHL Discussion
Topic: Police compromising your concealment
Replies: 70
Views: 8401

Re: Police compromising your concealment

Purplehood wrote:I think the whole situation is totally outrageous.

- No prior notice was given.
- CHL holders would be "out'ed" in front of friends and neighbors
- Was this procedure previously approved at the board or HOA meeting?

In any event, the outting of CHL holders is reprehensible.

Call me annoyed. [not to be confused with any other posters "annoyed" handle on this forum]
YAAAAAARRRRRR. :smilelol5:

I agree. As far as I am concerned: 1) the officer in question did not ask the OP for his ID, so he wasn't even in a gray area if he chose to keep quiet and carry; 2) ever since 09/01/09, there is no penalty for failing to divulge your CHL to an officer who asks to see your ID; 3) there was no 30.06 posting; 4) the OP was not under arrest, and therefore his gun and license were not being seized; and 5) the meeting is not covered under PC 46.03.

The only possible claim the officer can make is under GC 411.207. AUTHORITY OF PEACE OFFER TO DISARM. But, for that to happen, he has to know that you are armed; and for that to happen, he has to ask you (not a crowd) if you are carrying.

I would have either ignored him or left. And I sure as hades would have fired off a letter to the officer in question, with a CC to his superiors, calling his wisdom into question by asking CHL holders to out themselves, when the DPS and the state law specifically encourage us not to. Further, I would ask for a written letter of apology, just to make the point to this officer that, just like the criminals he arrests will face consequences for their bad behavior, he must face consequences for his own, because he is held to a higher standard.

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