To me this looks like an illegal search.A couple of years ago, I got stopped twice in a month by 2 different DPS officers. Once I got a warning, and the other I got a ticket. Of course I handed my CHL with my TDL and insurance. One of them only asked me if I had a weapon and where it was located in the vehicle. The other officer asked me if I had a weapon. When I said yes, he proceeded to search the interior of my car until he found it. Then he pulled it out, unloaded it, and asked me questions about the gun- like when and where I purchased it. I forgot they can just search your car like that, and at the time I was upset about it. I think he was just fishing looking for drugs and testing me to see if I was a suspiscious character,etc.
They do have the legal authority to disarm you, which they did as soon as they removed him from the vehicle, but I wouldn't expect this to grant them the authority to search the vehicle.
There does appear to be an implied authority to take possession of the weapon, even though the dictionary meaning of disarm is to remove your ability to use the weapon which in this case was accomplished by having him exit the vehicle.GC §411.207. AUTHORITY OF PEACE OFFICER TO DISARM. 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'm making the assumption that they asked him to exit the vehicle. His post didn't cover this, but I would think that an officer would NOT search a vehicle for a gun with the driver still in the car. That would just be dumb.
Any thoughts?