TexasCHLforum.com

Charles L. Cotton wrote:

Excaliber wrote:The biggest issue here appears to be a miscommunication between the officer and the driver. Here is my take:

The officer gave two commands - to produce the license and not to reach for the gun. He didn't know where either of those items was located in the vehicle. The driver understood and believed he was complying because he reached for his driver's license, which in this case was apparently near his gun. When the officer observed the gun, he believed the driver was attempting to draw it and he responded with (an awful lot of) deadly force.

Here are my suggested takeaways to avoid a similar situation:

1. Do not keep identification items on the same side where the gun is holstered.
2. When advising the officer you are armed, tell him where the gun is and where the identification is.
3. Do not reach for ID with the hand that's on the same side as the gun
4. Keep hands on the steering wheel and do not move until you are certain that both you and the officer have the same understanding of what you are about to do.

My response to an officer's request for my driver's license is:

With both hands on the steering wheel, engine off, keys on the dash, and if after dark with interior light on:

"Out of respect for your safety, I want you to know that I am lawfully carrying a handgun in a belt holster behind my right hip. My identification is in my left rear pocket. How would you like me to proceed?"

When I am sure I understand his response, I move only the left hand slowly to withdraw my wallet and I take the license out of it with hands held high in full view at steering wheel level.

I've never had any issues when following this practice.

Excellent post.

Chas.