But nowhere in the statute does it specify it is for safety, only "reasonably believes it is necessary for the protection of the license holder, officer, or another individual." and that does not mean "disarm you PERIOD" it means that his decision to disarm you has to be a reasonable decision, and that means that he must be prepared to justify his actions.dac1842 wrote:Folks, this really isn't as complicated as you make it, or want to make it. I realize no matter how simple this gets broke down some here will disagree. That is your right. Hey if we all agreed this board would be real boring!
Let's say you get pulled over. You produce your CHL and DL and the officer inquires are you carrying? You respond yes. At this point the officer has 2 choices, say ok, and let you keep possession of your weapon, or for his own safety, he elects to disarm you.
Note: The law does not say he has to fear for his safety, the law does not state he has to feel threatened. YOU HAVE GUN, he has the authority to disarm you PERIOD! This is not something he has to justify his actions for later. IF the officer feels it is reasonable for his safety to disarm you he can. There is not a level of suspicion required. There is not a court in the land going to admonish the officer. All he has to say is that he did so for his personal safety. That is what he is authorized to do.
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Return to “DPS Serial Number Check Strategy”
- Mon Jun 10, 2013 9:49 pm
- Forum: General Texas CHL Discussion
- Topic: DPS Serial Number Check Strategy
- Replies: 78
- Views: 13837
Re: DPS Serial Number Check Strategy
- Mon Jun 10, 2013 3:00 pm
- Forum: General Texas CHL Discussion
- Topic: DPS Serial Number Check Strategy
- Replies: 78
- Views: 13837
Re: DPS Serial Number Check Strategy
I see conditional authority, not absolute authority.texanjoker wrote:jimlongley wrote:Which law is that?texanjoker wrote:That would put you in a difficult position as we do not have to call a supervisor and the law requires a CHL holder to surrender your weapon when instructed to do so on a traffic stop.
If you would read this thread you would have seen it posted several times.
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.
And that does not include authority to even unload the gun, much less run its serial number.
- Mon Jun 10, 2013 9:05 am
- Forum: General Texas CHL Discussion
- Topic: DPS Serial Number Check Strategy
- Replies: 78
- Views: 13837
Re: DPS Serial Number Check Strategy
Which law is that?texanjoker wrote:That would put you in a difficult position as we do not have to call a supervisor and the law requires a CHL holder to surrender your weapon when instructed to do so on a traffic stop.