Because of the wording above, it would seem that the officer would only be justified in disarming a CHL when he has an articulate-able reason to believe its necessary for somebodies safety. If you're not behaving in a manner that might imply some instability, that would prove difficult. Note that it does not say the officer can disarm the CHL whenever he feels like it. There must be a safety reason. In fact, it could easily be argued that there is more risk in an officer handling an unfamiliar firearm than there would be if everybody just left their firearms alone during a peaceful traffic stop.gringop wrote:I suggest that you pay attention on your next CHL renewal class.PvilleStang wrote:I was pulled over for the second trip in a row to Austin (no front license plate). The officer asked, "May I remove your weapon from your holster?" after which I responded in the affirmative. First off, I've never done anything so drastic, but I wanted to punch the guy in the face when he put my gun directly on the roof of my car. I mean, let me get a towel out for you or something, don't just put a metal gun directly on my car! But then he ran the serial numbers on his little fishing trip. So for future reference, is their any legal recourse for answering his request with a, no, I don't want you to pull my gun? I don't know if there's a clause similar to refusing to blow (since said officer didn't demand my weapon, rather asked, quite politely, I might add). All in all, not a bad stop, as it was another warning, and I was back to the trip in 10 minutes or so, to pass all the stupid soccer moms who love to ride the left lane at 5 under.
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.
As far as your front LP, after getting pull over TWICE, I would regard this as a clue and affix that LP to the front of your car if you don't want to get pulled over again. Not running a front LP and wanting a towel to protect it from the gun indicates to me that you have a little too much emotional investment in that car. Like the gun, it's just a tool, my suggestion is to use it like one.
Gringop
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Return to “Similar to the DPS officer running the Serial thread, but...”
- Thu Aug 12, 2010 4:31 pm
- Forum: LEO Contacts & Bloopers
- Topic: Similar to the DPS officer running the Serial thread, but...
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