Disarmed by uninformed officer

[canvasbck]

To start with, I was OCing in a liquor store. Before this devolves into a "you shouldn't OC in a liquor store", I hear you. It's a long story, but I was out doing other things and dropped in for "supplies".

Walked into the store (I have OC'd there before) and I see the Sheriffs deputy who is working the store come from behind the counter and was clearly headed my direction. I was expecting him to come over and ask for my CHL/LTC. He walked up beside me and without saying a word, reached out with both hands and started removing my M&P from it's holster. I moved my arm out of his way, but stated "what are you doing?"

OFFICER: You can't have that in here

ME: (confused look) there's no signs posted, I checked before I came in. If you are verbally informing me, I'll put it back in the car and come back in without it.

OFFICER: They have signs posted out front

ME: (worried now that I just earned a class C for walking past valid signs) Are you sure? I've been here before and never seen a sign.

OFFICER: They don't need a sign, it's a liquor store and illegal to carry in here.

ME: I believe you're mistaken, there are no laws prohibiting carry in a liquor store

OFFICER: They get more than 50% of their income from alcohol sales so it's not allowed.

ME: Sir, you are mistaken. That law refers to on premise consumption. The liquor store has the blue TABC sign.

We then proceed outside the store (he still has my gun in his hands) where he reads every sign on the front of the store. I point out the blue sign and emphasize the part that says 'unlicensed'. Once he is satisfied that there are in fact no signs on the store, I offer to put the pistol in my vehicle and then I will go back in and complete my purchase. He will give me the pistol back and says "no, I'll put it in your vehicle and then you can go back in". I follow him to my vehicle and tell him that my wife is on the driver's side, so could he please place it on the passenger side. He tells me that he will just hand it to my wife. I say "well, let me give you the holster to put it in, I would rather you not pass it off to her like that". He says OK, and I remove my holster and hand it to him. Then he hands the now holstered handgun to my wife.

I go back into the store to complete my purchase while he waits by the cash register. He asks the cashier "what's the official name for this type of store?" She wasn't sure what he was referring to so I say "You mean package store?". Then he says "yeah that, I'm just checking the laws concerning carrying". I tell him "if I give you my cell number, could you text me if you find anything. I stay up on the laws pretty religiously and I'm fairly certain there is no law prohibiting carry, but just in case I've missed something I wouldn't want to inadvertently break any laws in the future". He takes down my number and I leave.

I'm fairly certain that I'm going to report this encounter to his department. Frankly it's pretty sad that he is working an extra job in a liquor store without even knowing the laws concerning liquor stores. Other than the manner in which he disarmed me, he was not gruff or overly authoritarian. But the disarming part was very dangerous (for him).

[mojo84]

I would definitely file a report with his department. He needs additional training.

[tomtexan]

I would definitely file a report with his department. He needs additional training.

[crazy2medic]

Maybe it's just me but I would be thinking lawsuit, we are required to know the law, since it's his job to enforce the law he better know it! Had he politely walked up and asked for your permit and requested you to follow him outside, sure no problem, but when he actually placed his hands on you now we are talking assault, you were not breaking any law, he had no right to disarm you let alone touch you!

[SA_Steve]

"good faith" exception

[Right2Carry]

I guess ignorance of the law is no excuse only applies to us peons,

[OlBill]

That is astounding.

[Breny414]

Wow! This is not some subtle nuance in the law that should at all be confusing. So, either he is completely ignorant of the law, or he was abusing his authority. In any case, scary, and you should report it.

[madwildcat]

Glad to see you handled it as well as you did. I would bet there are some that might not have responded quite as kindly. If he wasn't in uniform and you hadn't know he was a deputy, that could have ended a lot worse (for him).

[canvasbck]

Glad to see you handled it as well as you did. I would bet there are some that might not have responded quite as kindly. If he wasn't in uniform and you hadn't know he was a deputy, that could have ended a lot worse (for him).

If I had not been aware he was LEO, I'm fairly certain it would have been a lethal encounter.

[K5GU]

A few questions...was the officer off-duty and employed by the store as a private security officer and acting under the store's policies, or was he on-duty and acting under his department's policies? In Texas? What county?

[OlBill]

Glad to see you handled it as well as you did. I would bet there are some that might not have responded quite as kindly. If he wasn't in uniform and you hadn't know he was a deputy, that could have ended a lot worse (for him).

If I had not been aware he was LEO, I'm fairly certain it would have been a lethal encounter.

Right. Very, very poor choice of tactics.

[canvasbck]

A few questions...was the officer off-duty and employed by the store as a private security officer and acting under the store's policies, or was he on-duty and acting under his department's policies? In Texas? What county?

He was in his Brazoria County SO uniform working as security for the liquor store. The liquor store is in Galveston county. This particular store often employs BCSO deputies for security.

[winters]

I guess ignorance of the law is no excuse only applies to us peons,

I always hated police using that quote.

[oohrah]

Does your wife have an LTC? If not, the deputy violated the law by giving a gun to an unlicensed person. I would report the ignorant --- in any event.