I don't believe the law permits siezure for a serial check, only temporary seizure for officer safety.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.
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Return to “Police want to check your serial #”
- Tue Apr 08, 2014 10:56 am
- Forum: General Texas CHL Discussion
- Topic: Police want to check your serial #
- Replies: 82
- Views: 14122
Re: Police want to check your serial #
- Tue Apr 08, 2014 6:21 am
- Forum: General Texas CHL Discussion
- Topic: Police want to check your serial #
- Replies: 82
- Views: 14122
Re: Police want to check your serial #
The Cajun side of me just got hungry and its too early even for breakfast. Thanks.Carzan wrote:Put a frog into a pot of boiling water he will jump out immediately. However, put a frog into a pot of room temp water and slowly heat it up and he will sit there until its too late and the heat has overcome him.
The government is taking the second approach.
- Mon Apr 07, 2014 4:01 pm
- Forum: General Texas CHL Discussion
- Topic: Police want to check your serial #
- Replies: 82
- Views: 14122
Re: Police want to check your serial #
jbarn wrote:I am a former LEO. I am a supporter of LE. I have BTDT, and am off out by people who have no idea about LE or actual case law, or never even heard of Terry or Carroll trying to second guess LEO's.
That said, If they run serials of guns should they not check your computer in the bag, your cell phone, perhaps your camera if you have one? Maybe your GPS unit...........
Er...what?
- Mon Apr 07, 2014 10:49 am
- Forum: General Texas CHL Discussion
- Topic: Police want to check your serial #
- Replies: 82
- Views: 14122
Re: Police want to check your serial #
I voluntarily consent to no searches but do not physically resist or get angry in any way. I agree with your advice above with denoation that you do not consent but if they are going to search anyway they need to draw it as "your firearm is loaded and you are concerned with safety you do not want to risk any possible accident."LarryT wrote:Good morning Everyone!
FYI
I have been told of a few incidents where CHL holders have been stopped by law enforcement. When they hand over their CHL ID the officer has ask them for their firearm to “ run the serial number”.
I see NO probable cause for this, and I see no legality in this without a warrant or probable cause.
My advice is do not pull your firearm. Inform the officer that you are not refusing but since your firearm is loaded and you are concerned with safety you do not want to risk any possible accident.
Looking forward to your comments
Semper Fi.
Once & Always