Bad advise from Granbury PD......

[Target1911]

WOW.....this ride took a (somewhat expected) left turn.

I mean no disrespect to anyone.......but please, EVERYONE......relax some. Everyone here knows what the other is trying to say. Civilian, NONcivilian, they are terms that are sometimes used losely. I am guilty of it too.

[kP380]

My best friend was stopped a couple of days ago in Granbury. He DOES NOT have his CHL yet.

When the LEO approached the truck, windows down, dome light on, JB's left arm/hand was located on the open window with hand out the window, right hand on the steering wheel. LEO asked for proper ID and such.
At this time, JB informs LEO that he has a loaded shotgun located between the seats. The LEO became very upset and acted as if my friend was a hardened criminal (with tone of voice).

Could this be because he didn't *first* get out his DL/insurance, as opposed to first declaring the weapon?

[NavyGunner]

I mean no disrespect to anyone.......but please, EVERYONE......relax some. Everyone here knows what the other is trying to say. Civilian, NONcivilian, they are terms that are sometimes used losely. I am guilty of it too.

[gigag04]

+1 for a well written complaint.

[Medic218]

I agree with a formal complaint. I would send it to the Chief, Asst. Chief, Mayor and City Manager.
What I'm missing from this story is proable cause to search the vehicle? Was it the weapons?
I'm no peace officer but having two legally owned weapons in your vehicle CHL or not(Castle Doctrine anyone?) doesn't seem like a valid reason to detain someone in the back of a patrol car with a pair of shiny new bracelets.
Either this cop has a serious attitude or there is more to the story.

[dac1842]

Hold the phone folks! Before we decide to gut, draw and quarter the officer consider a few things. The original post was in March of 2008. Was this prior to the effective date of the MPA? If so, the officer was perfectly within his rights to act as he did.

Second, we are getting a second hand account. While I admit there are bad officers out there, just like there are bad lawyers, doctors etc.. the vast majority of officers know that misapplication of search and seizure has serious consequences.

Third, when any of us declare a weapon present, the officer at his discretion has the right to take steps to ensure his safety, including handcuffing a person. Being handcuffed in itself does not constitute an arrest.

Fourth, having a CHL does not exempt any of us from being disarmed, or handcuffed for the officers safety. I have said before and maintain that all the CHL shows is that at the time we applied we did not have a criminal history. Everyone thought Jeffery Dahmer was a good neighbor until someone found body parts in his home.
I know some folks here disagree with me, but for a second, replace your emotions with fact of law. I have been disarmed, but never handcuffed( by the police anyway :)). I hope everyone has a great Thanksgiving.. Thank a veteran if you know one.

[The Annoyed Man]

Hold the phone folks! Before we decide to gut, draw and quarter the officer consider a few things. The original post was in March of 2008. Was this prior to the effective date of the MPA? If so, the officer was perfectly within his rights to act as he did.

Second, we are getting a second hand account. While I admit there are bad officers out there, just like there are bad lawyers, doctors etc.. the vast majority of officers know that misapplication of search and seizure has serious consequences.

Third, when any of us declare a weapon present, the officer at his discretion has the right to take steps to ensure his safety, including handcuffing a person. Being handcuffed in itself does not constitute an arrest.

Fourth, having a CHL does not exempt any of us from being disarmed, or handcuffed for the officers safety. I have said before and maintain that all the CHL shows is that at the time we applied we did not have a criminal history. Everyone thought Jeffery Dahmer was a good neighbor until someone found body parts in his home.
I know some folks here disagree with me, but for a second, replace your emotions with fact of law. I have been disarmed, but never handcuffed( by the police anyway :)). I hope everyone has a great Thanksgiving.. Thank a veteran if you know one.

2 points:

1. I believe MPA went into effect on September 1st of 2007. So in March of 2008, nearly 7 months later, the officer in question had no excuse for being ignorant of the law.
2. The post at the top of this page is dated May 9th, 2008. The very next post is dated November 19th, 2010 — a gap of 2-1/2 years. That is thread necromancy of the highest order, and it deserves recognition. All hail, kP380! Your Necromancer tin badge and certificate are in the mail.

[magillapd]

I'll add my 2 cents. All Police Officers much be required to be current on the laws that they enforce. That would be the answer from a police officer to a CHL holder who didn't stay current on the carry law. Another issue is the police officers who don't know their place as a public servent. A police officer does not rule over anyone, they do a job that the taxpayers pay for. Do not treat a citizen as a criminal, EVER.

I have worked in LE/Public safety for over 8 years and I know many great officers. I also know the few bad ones. It's sad really, but like someone else pointed out, there are bad in every group.

[Rex B]

While I agree that the OP should file a formal complaint at the Granbury PD, if I were in his shoes, and lived in Granbury, I'd be concerned about official scrutiny afterwards. Granbury is no small town anymore, but it's small enough that those officers would have no problem checking you out everytime they had an opportunity.

[Monker10]

I am not sure where granbury is, but if it is in Texas then your friend should have been covered under the castle doctrine. This allows any citizen that can legally own a firearm to carry one concealed and loaded in their vehicle even without a chl. It was a good thing that your friend told the officer straight out that hemwas carrying but maybe the fact that there was no attempt to conceal it might have put the officer on edge though I feel the treatment of your friend was unjustified. unfortunately I have heard that it can get a little dicey in claiming this right. Some officers understand this portion while other maybe not be as informed. This is why I make sure I always have my chl so that I may avoid this type of situation from happening. As for your friend he should file a grievance. If anything it might enlighten that officer that there are also good people out there that want the ability to defend themselves and their loved one from harm when help may not be accessible.

[Pawpaw]

I am not sure where granbury is, but if it is in Texas then your friend should have been covered under the Motorist Protection Act.

I fixed it for you.