TexasCHLforum.com

cb1000rider wrote:

WildBill wrote: The management of any organization can set the tone for the behavior expectations of its members.

Absolutely. Is that what happened here? Art told his officers to demand things that aren't required by law when dealing with the legally licensed CHL holders?

To me, a complaint might clarify the policy here. If the complaint quietly disappears, then likely APD leadership doesn't care. If they address it, maybe spend the time to review the incident, and respond to the OP it would indicate something else.

Without a complaint, we just continue to arm-chair this all day long... Which is part of what a forum is for.

Actually, you can write a letter to the chief, and CC all the local muckrakers on local TV news. Somebody will surely get the chief to answer on camera. When it becomes public knowledge that A) he violates the law, and B) he encourages his officers to violate the law, somebody will require him to be accountable for it, and things will change.

To the OP, given that you've had two run-ins with APD in which they disarmed and cuffed you after informing them you were armed, and given that they only asked you after you showed them your CHL (as the law requires), AND given that there is no more penalty under the law for failing to show your CHL......

......maybe we should all start exercising the "Austin Exception".......

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, unless said magistrate or peace officer works in Austin, Texas, in which case the license holder shall (1) withhold the information and not show the license, and (2) the license holder shall shuffle off quietly as soon as possible.

IANAL, IDNPOOTV, and TINLA (This Is Not Legal Advice).

AFIAK, you are not required to inform, unless asked. You are required to show your CHL along with TDL or other state issued ID if asked for ID. You are NOT required to provide ID unless asked, and there is no punishment on the books for failing to show your CHL. THAT requirement was removed from the law a couple of years ago. You are NOT required to inform the officer that you are armed unless asked, and many CHL holders would question the wisdom volunteering "I have a gun" to a police officer without being asked first. He DOES have the right to disarm you once he has been informed.

Unless you want this to keep on happening to you (and others), you need to write a letter to the chief of police, with a copy of the ticket you were presumably issued for the expired registration. That ticket will have the officer's information on it, assuming that you did not make a note of his name and badge number during the stop. Make it a formal complaint against that specific officer, and state that you expect this to be followed up on and you expect a reply from the chief with a formal letter of apology. Remind the chief that the law contains NO punishment for failure to show the CHL, even though it is required, and that you complied without being asked. Remind the chief that the law does NOT require you to inform the officer if you armed, but that you answered truthfully when asked, and identified what you were carrying and where, without any purpose of evasion or deception. Tell the chief that it is very bad policy to have officers on the loose, ignorant of the laws they are supposed to enforce, and abusive of compliant citizens.

Then sit back, pop a cold one, and see what develops.