Disarmed by uninformed officer

[canvasbck]

My wife does have her LTC.

ETA, but the deputy is fortunate that she was not armed. She did not see us coming and suddenly there is a guy standing outside her car window with a gun in his hand.

[Keith B]

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.

No he didn't She was in the vehicle and could then conceal the gun under MPA.

That said, he was totally out of line the way he handled the situation. I would file a nice, but sternly written formal complaint with the BCSO.

[canvasbck]

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.

No he didn't She was in the vehicle and could then conceal the gun under MPA.

That said, he was totally out of line the way he handled the situation. I would file a nice, but sternly written formal complaint with the BCSO.

I wasn't planning on a formal complaint. I'm the Brazoria County LEPC chairman and as such have the means to communicate directly with Sheriff Wagner.

[Abraham]

Keith B,

Presumably, be nice because the OP wants the letter to be read and properly responded to, right?

I would have a hard time being nice.

Reasonably tactful would be the best I could do in similar circumstances.

This LEO is so far off base, I wonder what 'other' shortcomings he's responsible for...?

Yeah, I know, we don't know, but his performance in the the liquor store is dismal and doesn't reflect well on him or his department.

At the very least, he ought to apologise to the OP and get prompt, remedial training.

His action could have ended up tragically.

[Keith B]

I wasn't planning on a formal complaint. I'm the Brazoria County LEPC chairman and as such have the means to communicate directly with Sheriff Wagner.

Sounds like a good plan. Nothing formal, but a good discussion and pass the word to all the deputies to get them to review the laws on legal carry.

[parabelum]

I'm glad that you and the officer walked away without physical harm. Very volatile situation.

The greatest power LEO has is the power of discretion. Based on your side of the story, the discretion by the officer to remove your weapon was utterly over the top.
If he thought you posed danger, he would have had his out long before he even approached you.
So, he didn't feel threatened based on his actions. It was just a power play that could have gotten out of control quickly.

[Jketchum]

I won't mention the department but a lt for a local PD told me I could not carry in a liquor store because of the 51% law.
When I told him he was wrong and why he told me I have the chl so it's my responsibility to know the laws...

This came about in casual conversation amongst friends,
I don't know how well I'd take being disarmed.

[puma guy]

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.

No he didn't She was in the vehicle and could then conceal the gun under MPA.

That said, he was totally out of line the way he handled the situation. I would file a nice, but sternly written formal complaint with the BCSO.

Even if he was right I cannot fathom he would just reach out and take the pistol. Some people are very goosey. That's a good way to get a very bad reaction and bad outcome in my opinion.

[jed]

I'm glad that you and the officer walked away without physical harm. Very volatile situation.

The greatest power LEO has is the power of discretion. Based on your side of the story, the discretion by the officer to remove your weapon was utterly over the top.
If he thought you posed danger, he would have had his out long before he even approached you.
So, he didn't feel threatened based on his actions. It was just a power play that could have gotten out of control quickly.

My thinking is this guy is on a power trip. If he does not have enough sense or training not to disarm a citizen in this manner he totally has NO business wearing a badge, on or off duty. And being off duty working private security, outside of his county of jurisdiction, seems OP has some legal options. I would sue just to get the badge off his chest. This guy is a liability to the county, his off duty private security employer and citizens in general. He has no business being an LEO and needs to be a walmart associate. All of this, of course, is my opinion.

[JP171]

I'm glad that you and the officer walked away without physical harm. Very volatile situation.

The greatest power LEO has is the power of discretion. Based on your side of the story, the discretion by the officer to remove your weapon was utterly over the top.
If he thought you posed danger, he would have had his out long before he even approached you.
So, he didn't feel threatened based on his actions. It was just a power play that could have gotten out of control quickly.

My thinking is this guy is on a power trip. If he does not have enough sense or training not to disarm a citizen in this manner he totally has NO business wearing a badge, on or off duty. And being off duty working private security, outside of his county of jurisdiction, seems OP has some legal options. I would sue just to get the badge off his chest. This guy is a liability to the county, his off duty private security employer and citizens in general. He has no business being an LEO and needs to be a walmart associate. All of this, of course, is my opinion.

In Texas a LEO is a LEO no matter where he or she is, all state laws can be enforced by any LEO, only city and county ordinances are not enforceable so saying county of jurisdiction is incorrect. if remember correctly traffic laws at the class c level are not enforced out of the usual or subdivision they are employed by.

[rotor]

I just can't believe that he was physically trying to take your gun out of your holster. Lucky nobody was hurt.

[casp625]

Carrying into a 51% establishment is a felony. I find it hard to believe the officer cut you a break on what he thought was illegal. I agree with others this seemed more like a power play.

[WTR]

saw a breach of the peace, and acted within his right.

He did not see a breach of the peace......he did not act within his right.......if he is ignorant of the law, how can he enforce the law. He has a "duty"to be informed of the law. If he is too lazy to study then he needs to be in another profession. He needs retraining at the very least. He is lucky his actions did not result in a tragic incident.

[DevilDawg]

That said, he was totally out of line the way he handled the situation. I would file a nice, but sternly written formal complaint with the BCSO.

I wasn't planning on a formal complaint. I'm the Brazoria County LEPC chairman and as such have the means to communicate directly with Sheriff Wagner.[/quote]

canvasbck,

Firstly I applaud your willpower and refraining from escalating a very stupid decision on the LE's part. Illegal & Dangerous Seizure cannot be tolerated. The LEO community needs to be held accountable to the standard they want us to believe they hold themselves up to.

Secondly, because of this deputies brazen unsafe and illegal actions, his willful ignorance of the law as applies to his extracaricular activities I believe you have no choice here. You must file an official complaint to establish a trail to ensure compliance. Bad training and habits are taught from the top down. You can still have your polite conversation with the Sheriff, but in that needs to be a heads up about you having filed the formal complaint and why.

These are only my opinions, and cost you what you pai for them. However I have zero doubts that this ignorant deputy will try to pull the same heavy handed actions on someone else with a far more tragic result. We want to keep our relationship on a plus side with the LEO community, not bloody.