TexasCHLforum.com

CWOOD wrote:This discussion made me curious. I have been stopped a few times(by DPS, Austin PD, and a couple of others)during the 14 or so years that I have had my CHL and have never been disarmed.

I was curious enough that I have filed my very first Freedom of Information request. The text is simple, perhaps too simple, since this my first effort in this regard.

Request for Texas DPS policy regarding CHL firearms check
Show Details
I would like to obtain any records regarding Texas Department of Public Safety policy of disarming Texas Concealed Handgun Licensees at routine traffic stop encounters and then doing a records check on the serial number of the handgun for "Stolen" status.

This is happening across the state and would, on its face, seem to be a slap in the face to the integrity of a group who have been shown to be one of the most law abiding group of citizens in the state.



This was done through the Governors 'contact" page on his website

http://governor.state.tx.us/contact/PIRInfo.aspx" onclick="window.open(this.href);return false;

I will post here if/when I get a reply. I have no idea how long that might take.

I'm not sure they will honor the request through a contact web page. Most of the FOIA requests I have done have to come via letter and signed. You also should let them know how much money you will be willing to spend before they contact you for additional copy charges. You can also state that anything over 30 pages be placed on to a CD instead of paper.

If you don't get anywhere with this, you may try separating your request:

Any disarm policy
Any SN check policy
How many SN checks from traffic stops
How many illegal guns found as a result of the the routine traffic stop check

They may not be able to provide everything because they don't track it but is worth a shot.

JALLEN wrote:Is this a solution for which there is no known problem?

IMHO, Yes!!

E.Marquez wrote:What DPS policy?
We have gone down this road.. and I do not remember any such wide spread policy uncovered.. Nor even a consistency in a single department with that action.

If I missed it.. would you please link me to the discussion that reviled checking a weapon Ser# number that was removed from a disarmed CHL'r at a traffic stop was determined to be policy, common, or consistent in an entire department?

Thanks

I must have missed it too.

probation_officer wrote:Ok, I am new here and maybe the answer is obvious but why do you want to cover the serial number on your firearm??

The concern is that Texas DPS is running serial number checks during routine traffic stops. They stop you, disarm you and then call in the SN to make sure it is not stolen. Most feel that this is an illegal search as there is no probable cause.

The issue is that no one can provide any proof that DPS has done this on a routine basis or that it is policy. Do a search here and you will find the thread. IMHO, the OP is worried about something that rarely happens. And you place a sticker over it, I can almost bet you that it will be a full search and a lot more inconvenience for you.

Do you really want the LEO in the field to make his own determination of what deface or remove means and be arrested and charged with a felony under the GCA?

I can see how this goes:

Ofc: Is that a sticker covering the SN?
You: Yes it is, and if you remove it, you are performing a search
Ofc: How do I know that you have not removed or defaced the SN? You could be trying to hide the fact that you have altered the SN.
You: No I didn't, it is there
Ofc: Prove it to me


I can only see this as adding to the reasonable suspicion and for the LEO to continue to look for PC or now he has PC because he cannot see if there is actually a SN and that it has not been defaced in any way.