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by flintknapper
Thu Jan 01, 2009 12:16 am
Forum: General Texas CHL Discussion
Topic: disarmed by Friendswood PD
Replies: 103
Views: 12672

Re: disarmed by Friendswood PD

WildBill wrote:
flintknapper wrote:
WildBill wrote:Only lunchbox and the officer were on the scene. Unless he hears from Chief Weiners or the officer, we will never know the reasons behind the actions of the officer. lunchbox was not hurt, he was not arrested and got his guns back. Until then, I suggest that he learn from the experience and move on.
Learn what?
Only lunchbox can answer what he learned from this experience.
You mean: "Only lunchbox can answer what he learned from this experience" Grasshopper! ;-)
by flintknapper
Wed Dec 31, 2008 7:32 pm
Forum: General Texas CHL Discussion
Topic: disarmed by Friendswood PD
Replies: 103
Views: 12672

Re: disarmed by Friendswood PD

WildBill wrote:Only lunchbox and the officer were on the scene. Unless he hears from Chief Weiners or the officer, we will never know the reasons behind the actions of the officer. lunchbox was not hurt, he was not arrested and got his guns back. Until then, I suggest that he learn from the experience and move on.
Learn what?
by flintknapper
Wed Dec 31, 2008 5:35 pm
Forum: General Texas CHL Discussion
Topic: disarmed by Friendswood PD
Replies: 103
Views: 12672

Re: disarmed by Friendswood PD

TraCoun wrote:
lunchbox wrote:Thats my point exactly there was no cause i was not violent nor did i raise my voice at anytime i simple handed over my 2 forms of ID and then was disarmed and it was removed from my person not me removing it and handing it to him
lunchbox,
I'm not trying to say that in this specific incident the officers were right, and I understand you were not violent and did not raise your voice. But BG's sometimes start out that way, being nice, etc., even cooperative, and then all of a sudden they go from calm to homicidal in 0.1 seconds flat. I remember seeing dash cam video of a lady state trooper (don't remember what state) who had stopped a guy for speeding. They were at the back of his car and she was radioing in information. In a flash he went from calm and relaxed to swinging and punching (and he was a lot bigger than she was), beating the tar out of her. His intention was to kill her, because he told his daughter (about 9 years old, in the car with him) he couldn't go back to prison. Luckily for the officer she lived. When you are standing at arms length with someone, whether you know they are armed or not, whether they are acting calm or not, it can all change in a heartbeat.
Thanx,
TraCoun
No doubt....things can turn bad, sometimes unexpectedly. I certainly hope all LEO understand this before they apply for the job.

Most of the time this is NOT the case...and even less so with CHL's.

The standard by which LEO may disarm is simple:
§ 411.207. AUTHORITY OF PEACE OFFICER TO DISARM. (a) A
peace officer who is acting in the lawful discharge of the officer's
official duties may disarm a license holder at any time the officer
reasonably believes it is necessary for the protection of the
license holder, officer, or another individual.
The peace officer
shall return the handgun to the license holder before discharging
the license holder from the scene if the officer determines that the
license holder is not a threat to the officer, license holder, or
another individual and if the license holder has not violated any
provision of this subchapter or committed any other violation that
results in the arrest of the license holder.
The standard is NOT: Because sometimes bad things happen!

I want our officers to be reasonably safe while doing their job, but I do not support a "Officer safety at any cost, by any means" mentality. Thankfully, CHL disarms are fairly rare...but at least a half dozen members here have posted of disarms in just the last 2-3 yrs.

The law is a good one (when properly used), but it has the potential to become departmental "policy" if not challenged by CHL holders.
by flintknapper
Sun Dec 21, 2008 12:00 am
Forum: General Texas CHL Discussion
Topic: disarmed by Friendswood PD
Replies: 103
Views: 12672

Re: disarmed by Friendswood PD

dac1842 wrote:I have posted my thoughts on this subject before and some did not like what I had to say. Doubt you will like it now either. As a former LEO, I have no issues with a police officer asking for my weapon during a stop.
That is your prerogative...and I respect your decision. However, do not require that of the rest of us.
He has to put his safety first, He does not know you, yes you have a CHL and have gone through the background checks. But that does not mean you have not had a really bad day and are not going to flip out. Everyone thought Bundy was a nice neighbor until they found bodies in his freezer.
Sadly, I fear this is (or has been) taught in Academy's all across the nation. Officer safety is now "the only thing that matters". I certainly want officer's to be REASONABLY safe while doing their jobs. But I draw the line when officer safety trumps my Civil Rights, Jeopardizes MY safety, causes me unnecessary inconvenience, etc...
If we are to apply your logic (HIS SAFETY FIRST), then it only makes sense to immediately disarm anyone on the scene (passengers, onlookers, other), call for backup, cuff the person stopped and hold them at gunpoint. I mean...what the heck, no need in taking any chances. ;-)

Yes, police work can be dangerous, (more for some than others). But, if you have reached a point in your career that you genuinely feel that a CHL (just having a bad day) poses a significant threat, then I submit it is time to find another occupation.
An officer has the right to disarm. If you read the law, the word reasonable is vague and any officer could reasonably argue, you were armed and therefore he felt for his personal safety he needed to disarm you.
The word reasonable is NOT vague, and I will gladly let a judge or jury make that point... if an officer wants to get especially "hinky" about it.
The times I have been stopped I have always told the officer before I handed him my chl that I am an ex cop, and I am armed and I OFFER to let him disarm me. So far none have done so, and I get stopped lots since part of my current job has me sitting in dark alleys watching other people work.
I am glad that has been your experience...and I hope it continues.
Just be cause you have a CHL does not mean you get any special treatment.

I agree. But...I hope you understand...this should cover both ends of the spectrum. My CHL warrants NEITHER a favorable position or an unfavorable position (fair enough right)?
It tells the officer you probably are on the up and up, but it also tells him you have a gun. On the street, someone else with a gun is not always a good thing.

Nor is it necessarily a bad thing. Unless you are suggesting that the mere presence of a gun makes all situations inherently dangerous, is that what you are implying?
You should expect to get disarmed if you get stopped.

Theres the problem. :roll:
But try this, in the future as you hand him your CHL be proactive, before hand you are a CHL holder, you are armed and offer to let him disarm you.

I am surprised to see you suggest this...since apparently you do not feel the law abiding, legally armed citizen really has any say in the matter. Besides, how would the officer know you weren't "having a bad day" and were trying to get the drop on him? Come on folks....CHL's are not the bad guys.
Odds are he wont. Why? officers make a living reading people and situations, if you are offering all the above before you hand him the CHL and offer to be disarmed he will feel a lot more comfortable with you and you being armed.
I did not get my CHL with the idea that I would need to "sooth, secure, or stroke" the officer's feelings...in hopes that he/she will relax and NOT disarm me. I am always, courteous and accommodating to LEO when stopped, and with one exception... have always enjoyed the reciprocal. Some folks have not been as fortunate, and I am beginning to understand why.
by flintknapper
Tue Dec 16, 2008 10:26 pm
Forum: General Texas CHL Discussion
Topic: disarmed by Friendswood PD
Replies: 103
Views: 12672

Re: disarmed by Friendswood PD

RHZig wrote:
Every time I stop someone that has a CHL I ask them if they're carrying. Surprisingly more than 50% say "No." I tend to question them. I don't under stand why someone would have a CHL and not carry? Unless they're going to work and they work for a federal place and can't have guns on the premises.
Like you don't understand why they are not carrying, or like you think they are giving you false information (I can't tell from the way this is written)?
by flintknapper
Thu Dec 11, 2008 6:58 pm
Forum: General Texas CHL Discussion
Topic: disarmed by Friendswood PD
Replies: 103
Views: 12672

Re: disarmed by Friendswood PD

kitty wrote:Well, they have the right to do that, but still. Did he give you back your gun?

You are correct, however they may disarm only under certain conditions.


§ 411.207. AUTHORITY OF PEACE OFFICER TO DISARM. (a) A
peace officer who is acting in the lawful discharge of the officer's
official duties may disarm a license holder at any time the officer
reasonably believes it is necessary for the protection of the
license holder, officer, or another individual.
The peace officer
shall return the handgun to the license holder before discharging
the license holder from the scene if the officer determines that the
license holder is not a threat to the officer, license holder, or
another individual and if the license holder has not violated any
provision of this subchapter or committed any other violation that
results in the arrest of the license holder.



I have questions concerning the "reasonableness" of some of these incidents. Some of them smack of "policy".

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