No, it is not his prerogative. His authority to disarm is both defined and restricted by GC §411.207. That is why I quoted the relevant paragraph above.
That it obviously did not bother you is fine. It would bother me to no end. The officer needs a little more training, IMHO.
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Return to “The inevitable happened today!”
- Sun Oct 16, 2011 2:58 pm
- Forum: LEO Contacts & Bloopers
- Topic: The inevitable happened today!
- Replies: 45
- Views: 10015
- Sun Oct 16, 2011 2:21 pm
- Forum: LEO Contacts & Bloopers
- Topic: The inevitable happened today!
- Replies: 45
- Views: 10015
Re: The inevitable happened today!
I find it a bit disturbing that he disarmed you after saying he isn't worried about you doing anything.
GC §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.