TexasCHLforum.com

MeMelYup wrote:Let's try it this way. A police officer runs the serial number on your handgun to see if it has been reported stolen. Why would the PO think your firearm was stolen in the first place? What gave the PO reason to believe that your firearm was stolen. What was the probable cause to give the PO the idea that your firearm was stolen? Does the PO think everyone with a CHL is a thief? The PO is implying that all CHL's, or that individual person, are thieves by running the firearm serial number to see if it is stolen. By running the serial number of the firearm the PO is doing a search, because he/she is searching to see if they may have reason to confiscate your firearm and possibly site you with being in possession of stolen property, or question you about having stolen property. Nuff said.

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.

rotor wrote:

Jaguar wrote:

TEA wrote:

TomsTXCHL wrote:As a practical matter, I never (EVER) would hand my loaded weapon to anyone (except I suppose if we're side-by-side on the range shooting the thing, though I've never done THAT either).

So if I am asked to produce my CCW, and it is in e.g. a pocket holster, cocked & locked, am I expected to hand it over as-is?

Does every LEO on Planet Earth know how to handle and e.g. de-cock and/or unload every firearm every made?

You beat me to it. I didn't even think to ask this question during my CHL class. I just ASSumed that if an LEO asked for my firearm that I would make it safe (i.e. remove the magazine and unload the chamber) prior to handing it over. Would an LEO have reason to object to this?

Yes, they would object. Remember the reason they wish to disarm you is for officer safety, I seriously doubt they would be okay with you putting your hands anywhere near the firearm. Most likely they will have you put your hands on your head and take it off you - just hope they know what they are doing and don't shoot you accidentally.

The way I carry, deep frontal, they better grab the right thing if my hands are over my head.

TEA wrote:

TomsTXCHL wrote:As a practical matter, I never (EVER) would hand my loaded weapon to anyone (except I suppose if we're side-by-side on the range shooting the thing, though I've never done THAT either).

So if I am asked to produce my CCW, and it is in e.g. a pocket holster, cocked & locked, am I expected to hand it over as-is?

Does every LEO on Planet Earth know how to handle and e.g. de-cock and/or unload every firearm every made?

You beat me to it. I didn't even think to ask this question during my CHL class. I just ASSumed that if an LEO asked for my firearm that I would make it safe (i.e. remove the magazine and unload the chamber) prior to handing it over. Would an LEO have reason to object to this?

Cedar Park Dad wrote:

Jaguar wrote:The law is written to allow for police to seize your weapon for "officer safety". Once it is seized they can run a serial number check. There is no statute allowing for police to seize your GPS, laptop, iPad, phone, or DVD player, so they cannot run serial numbers on those items unless they are seized and inventoried with the vehilce.

I don't like the law, but there is no way the legislature will remove the provesion from the law and not allow officers to disarm CHL holders, remember, it is for "officer safety". The only way to remidy the situation is to not allow the running of serial numbers from temporarialy seized firearms, but I doubt that will ever come to pass. I believe there was a poll on this site and the vast majority of LE interaction resulted in the CHL holder being told to keep the weapon and not touch it, and only a few that were disarmed, and probably none of those had the serial numbers searched.

I don't believe the law permits siezure for a serial check, only temporary seizure for officer safety.