TexasCHLforum.com

Well said Annoyed Man. I think this sums up everything. Thanks for your wisdom.

baldeagle wrote:

v-rog wrote:

Matt78665 wrote:I was pulled over for speeding (going down hill at 39mph in a 30 zone). I sat with my hands in plain sight, and notified him that I had a CHL and that I was armed. I told him I have a Glock at 330 IWB. He asked my politely to step out of the car and he disarmed me in a respectful manner. He made my Glock safe, gave me a warning and then gave me my Glock back and sent me on my way. I believe that my respect of his safety, my safety and the law is what helped me get a warning that day.

Do you mean that he unholstered your gun or that you unholstered it and gave it to him?

I doubt seriously an officer would allow you to unholster. If he's concerned enough to want to disarm you, he's not going to allow you to touch your weapon. I sure wouldn't. If you were wearing the holster, I'd ask you to place your hands on the hood or roof and then I'd disarm you. If the weapon was in the car, as the OP described, I'd ask you to step out of the car, without the weapon, then I would retrieve it myself. (No, I'm not a cop, but I think about safe procedure all the time.)

Which brings us full circle back to my original question. Does the LEO need your permission to enter your car to retreive the gun? I know this is a purely hypothetical situation and a huge percentage of LEO are going to have no issue with a chl holder, I just wanted everyone's thoughts on wheather he needed permission to enter my vehicle, or is this an illegal search.

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. The peace officer shall return the handgun to the license holder before discharging the license holder from the scene if the officer determines that the license holder is not a threat to the officer, license holder, or another individual and if the license holder has not violated any provision of this subchapter or committed any other violation that results in the arrest of the license holder.

I have a newbie question about the above statute. I understand the LEO has the right to disarm a chl holder if he feels threatened. My question is, if for instance in a traffic stop, I give the LEO my chl, and he asks if I'm armed. I reply yes, he asks where my gun is. I tell him it is in a covered (concealed) holster beside my seat. What happens next? If hypothetically, for some reason they feel threatened and want to disarm me, does the LEO have the right to pull me out of the vehicle and retrieve the gun himself? Does he have to ask my permission to enter my vehicle to retrieve it? What I'm asking is do I have to give consent to search for him to take it out of my vehicle? What if I said no?

I know this is more than one question, but being a new chl applicant I want to be sure on the proper procedure.

Thanks.