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by baldeagle
Sat Dec 26, 2015 12:07 am
Forum: General Texas CHL Discussion
Topic: OC police training pdf file.
Replies: 33
Views: 5147

Re: OC police training pdf file.

Papa_Tiger wrote:Hmm... Interesting that the question on page 14 "What federal law governs a police officer’s authority to question a person who is legally carrying a firearm?" discusses when an officer can legally question/detain someone is completely undermined by a very dishonest reading of the law in the question on page 15 "Are there specific rules relating to whether a police officer can question or disarm a person who is openly carrying a holstered handgun in public?"

The disarming portion of it, I understand (IMO it should be rare that an officer feels the NEED to disarm a license holder "is necessary for the protection of the license holder, officer, or another individual"). The previous entry discussion of PC 411.205 is a completely dishonest interpretation of the law that was PRESCRIPTIVE for how an encounter with an officer when legally detained and required to provide ID should play out. PC 411.205 in no way grants authority to the officer to demand the ID in the first place.

It seems based on the way this is being presented is that the trainers are glossing over the first question and then dishonestly and intentionally misinterpreting PC 411.205 to give authority where no authority is granted by the law.

If this is so, I'm EXTREMELY disappointed by the way this training is being presented to officers and hope that it is quickly fixed in the next legislative session.
I'm having trouble following you. PC means Penal Code, but 411. generally refers to GC (Government Code) The Penal Code only has 71 chapters. GC 411.205 simply states that a license holder must present both drivers license and LTC when requested. I don't see how that could be misinterpreted.
Sec. 411.205. REQUIREMENT TO DISPLAY LICENSE. 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.
Perhaps you can clarify?

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