TexasCHLforum.com

GC 9411.207. AUTHORITY OF PEACE OFFICER TO DISARM.
(a) A peace officer who is acting in the lawful discharge of the
officets 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.

Now I am no lawyer.....but I would think if an officer feels the need to "restrain" you for his safety, or your's for that matter, he might: A. Handcuff you, B. have you lie down etc. or C. Place you in the backseat of his car. All this while he checks out your story. Just based on the law above, I'll bet there is some statute that also gives him this right.

Best bet when dealing with the "law" is to "Yes sir, no sir three bags full sir!" Until he lets you go. Irritating him isn't going to go well and based on a few "accidental" discharges that have occured lately, you might find yourself "dead but right."

How you look, how you were acting prior to being stopped, and where you are stopped will all play into the "mindset" of the officer. Remember: If it looks like a duck.......He's already made the choice to "return home alive" so you must put yourself in his shoes. I always tell my kids that you never know who you might be dealing with. Maybe his boss just chewed him out, his girlfriend left him, he's got a hangover or his dog just died. Maybe you look just like the guy that robbed a little old lady down the street! Be respectful and cooperate. If you do and it goes bad, you can have your day in court later.

atxgun wrote: . I probably could have better communicated it was in my shoulder holster on my left side but I was a little nervous at this point just because it was the first time I was stopped while carrying and he seemed to have an attitude I was up to something walking around in the middle of the night. He fumbled around for a second trying to find it in the coats outer front pocket and then had me clarify......


"I can tell you've been smoking or drinking, I can smell it one you" ... What!? I think to myself. Now I had a beer with dinner but that had to have been a good hour hour and a half ago.


.

First off (I'm not picking on you but you raise an important point here) There is no "Legal Limit of Intoxication" when you are carrying a hand gun. Guns+Alcohol will get your CHL revoked and possibly land you in jail.

When you are nervous....even a little "beer smell" will make you look "intoxicated". This is like a PI or public intoxication, which is called "Contempt of Cop" since they really don't have to prove anything. You get disarmed, go to jail, pay the fine, maybe get your gun back and possibly lose your CHL.

Just an FYI to all out there. To be a good "citizen" and use your CHL means you yield some of your "rights." I don't like it much either but that is the price to carry.

Funny thing, you would have been well withing your "rights" to have carried a 12 gauge shotgun in the open....but I bet you get a few looks.

Be safe out there!