Thank you all for the replies and the welcome.
I did contact a lawyer for that traffic stop incident who said he thought I didn't have much of a case, or maybe he just wasn't interested. I also contacted the Texas Civil Rights Project which reviewed my case and sent me a rejection letter stating that they "could not represent me in this matter".
That incident was not the only time this happened to me recently.
I had another unrelated CHL incident just a few weeks ago in front of the downtown Austin Police Department / Courthouse where a homeless guy was charging at and threatening to physically assault me and bothering other people in the Courthouse parking lot. I was armed at the time and in the parking lot. I decided to approach and wave over 2 officers who were walking across the street close by, right in front of the downtown Austin Police Department. The officers did nothing to the homeless guy who wasn't even approached by the officers, and they said people had complained before about him. But the officers did ask if I was carrying, I said yes, so they disarmed me, unloaded my revolver, took my boxcutter pocket knife, and THEN handcuffed me in broad daylight in front of bystanders until I could show them my CHL license, which they verified and they told me I did everything right. But they then told me that I should have told them that I had a gun on me when I first approached them (as I was being charged at by a crazy homeless guy?). This is a pattern, just like the traffic stop where another officer said essentially the same thing, that I had a duty to tell the officers that "I had a gun" before they even knew what was going on or asked me for my ID or CHL license. Bad guy goes free, I get handcuffed and told that I did something wrong.
I have developed a second-guess attitude as to whether I should even ask police for help now. Will they make up law or berate me or handcuff me in broad daylight for all the world to see, even after disarming me? How humiliating. And then tell me it was my fault because I didn't tell them immediately that "I have a gun" as I am approaching them quickly because I am being chased by a homeless crazy guy?
When citizens need police immediately should their priority be to stop and first explain their CHL status and beg police for protection or explain to them Police Texas CHL statutes? And the homeless guy gets away to repeat threats to people another day - no wonder downtown Austin has a very bad rap recently about violence and people getting assaulted. Law abiding people like me are increasingly avoiding the area and avoiding the police but the riffraff is free to stay and cause problems.
Sorry for the rant.
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Return to “APD violating CHL law?”
- Tue Apr 22, 2014 3:15 pm
- Forum: General Texas CHL Discussion
- Topic: APD violating CHL law?
- Replies: 44
- Views: 8821
- Tue Apr 22, 2014 12:58 pm
- Forum: General Texas CHL Discussion
- Topic: APD violating CHL law?
- Replies: 44
- Views: 8821
APD violating CHL law?
Hello good folk. Thanks for any input.
I live in Austin Texas and have a current valid CHL. Recently I was pulled over by Austin Police (APD) for a simple expired registration and when the officer asked me for my identification I gave him my TX drivers license and my TX CHL license. He asked if I was carrying and I said yes I have a revolver in my right front pocket. The officer instantly became angry and lectured me on how "I was to tell him or any other officer that I was carrying a gun" and he immediately told me to step out of the vehicle, put my hands behind my back, he grabbed both my hands with his left hand and removed my revolver/holster from my pocket. After the officer gave me the ticket he said that he would give me back my weapon but that he was going to leave it on my rear bumper and instructed me to not retrieve the gun until after they had left in their police cars. This was around midnight in a crime infested area parking lot near traffic and bystanders. Officer said he pulled me over for expired registration, he had my CHL status on his computer before pulling me over, and he admitted that I had never been arrested before. I gave no problems or protests or attitude and I could not have been more respectful or accommodating to the officer.
I am very concerned about several things here. AFAIK I did everything as required by law (other than an expired registration) but the officer told me that I had a duty to do something which I didn't do and then he applied obvious retaliation for me not doing it. He also left my gun unsecured and unconcealed on my rear bumper. It is my lawful duty to conceal and secure my gun at all times.
Do I have a legal duty to initiate verbal language to an approaching peace office with the word "gun" such as "I HAVE A GUN" on the side of a busy highway, before he even speaks or initiates the conversation or asks for my identification? That could get me shot. I can't find anything in Texas law that states that a TX citizen CHL holder must tell any peace officer BEFORE BEING ASKED that they are carrying a gun. Thus was the officer "acting in the lawful discharge of the officer's official duties" when he disarmed me in retaliation for not doing something that I had no legal duty to do?
And where does Texas law state that I have to tell the officer anything about my gun other than to DISPLAY my CHL? That is very different than having to SAY wording such as "I have a gun".
Texas Concealed Handgun Laws and Selected Statutes:
GC §411.205. REQUIREMENT TO DISPLAY LICENSE. (a) If a license holder is carrying a handgun on or about the license holder's person when a magistrate or a peace officer demands that the license holder display identification, the license holder shall display both the license holder's driver's license or identification certificate issued by the department and the license holder's handgun license.
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 live in Austin Texas and have a current valid CHL. Recently I was pulled over by Austin Police (APD) for a simple expired registration and when the officer asked me for my identification I gave him my TX drivers license and my TX CHL license. He asked if I was carrying and I said yes I have a revolver in my right front pocket. The officer instantly became angry and lectured me on how "I was to tell him or any other officer that I was carrying a gun" and he immediately told me to step out of the vehicle, put my hands behind my back, he grabbed both my hands with his left hand and removed my revolver/holster from my pocket. After the officer gave me the ticket he said that he would give me back my weapon but that he was going to leave it on my rear bumper and instructed me to not retrieve the gun until after they had left in their police cars. This was around midnight in a crime infested area parking lot near traffic and bystanders. Officer said he pulled me over for expired registration, he had my CHL status on his computer before pulling me over, and he admitted that I had never been arrested before. I gave no problems or protests or attitude and I could not have been more respectful or accommodating to the officer.
I am very concerned about several things here. AFAIK I did everything as required by law (other than an expired registration) but the officer told me that I had a duty to do something which I didn't do and then he applied obvious retaliation for me not doing it. He also left my gun unsecured and unconcealed on my rear bumper. It is my lawful duty to conceal and secure my gun at all times.
Do I have a legal duty to initiate verbal language to an approaching peace office with the word "gun" such as "I HAVE A GUN" on the side of a busy highway, before he even speaks or initiates the conversation or asks for my identification? That could get me shot. I can't find anything in Texas law that states that a TX citizen CHL holder must tell any peace officer BEFORE BEING ASKED that they are carrying a gun. Thus was the officer "acting in the lawful discharge of the officer's official duties" when he disarmed me in retaliation for not doing something that I had no legal duty to do?
And where does Texas law state that I have to tell the officer anything about my gun other than to DISPLAY my CHL? That is very different than having to SAY wording such as "I have a gun".
Texas Concealed Handgun Laws and Selected Statutes:
GC §411.205. REQUIREMENT TO DISPLAY LICENSE. (a) If a license holder is carrying a handgun on or about the license holder's person when a magistrate or a peace officer demands that the license holder display identification, the license holder shall display both the license holder's driver's license or identification certificate issued by the department and the license holder's handgun license.
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.