Disarmed

[nedmoore]

Yesterday morning I got pulled over for speeding on I-45 in South Houston, had all my windows rolled down when HPD officer approached my car, I had my DL and CHL in hand. Before I could tell him that I had a gun with me he said "where is your gun"? I said "in my door" he then opened my door took my pistol and walked back to his car. While walking away, I said "why are you taking my gun"? He yelled "becuase I can"!

Later he returned, handed me a speeding ticket my clip, and the round that was in the chamber. He put the gun in my backseat and said that I can get it later. Thoughts?

Also, I kind of have a lead foot, and have been pulled over 4 or 5 times in the past couple of years since having my CHL and never had a LEO do this, also have not received a ticket until yesterday.

[shortysboy09]

Yesterday morning I got pulled over for speeding on I-45 in South Houston, had all my windows rolled down when HPD officer approached my car, I had my DL and CHL in hand. Before I could tell him that I had a gun with me he said "where is your gun"? I said "in my door" he then opened my door took my pistol and walked back to his car. While walking away, I said "why are you taking my gun"? He yelled "becuase I can"!

Later he returned, handed me a speeding ticket my clip, and the round that was in the chamber. He put the gun in my backseat and said that I can get it later. Thoughts?

Also, I kind of have a lead foot, and have been pulled over 4 or 5 times in the past couple of years since having my CHL and never had a LEO do this, also have not received a ticket until yesterday.

Was it Local or State? I think all the State Troopers are running serial numbers to check if the guns are stolen.

Also, Kind of sounds like the officer was having a bad day... "Because I can" isn't a very respectful remark to make to you.

[marksiwel]

Later he returned, handed me a speeding ticket my clip, and the round that was in the chamber. He put the gun in my backseat and said that I can get it later. Thoughts?

Your Pistol had a clip?

I guess its good he was smart enough to unload the gun.

I wouldnt have asked why he took your gun, he legally can, I dont see the problem.

[CompVest]

The only issue I would have is that he didn't have a right to get in your car unless you had given him permission.

[Abraham]

"Your Pistol had a clip?"

You might want to be a bit more circumspect when lampooning another poster given your regular use of "alot" (a non-word) among others...

[shortysboy09]

"Your Pistol had a clip?"

You might want to be a bit more circumspect when lampooning another poster given your regular use of "alot" (a non-word) among others...

A lot*** Is that right? It's all Symantecs. Why argue?

[marksiwel]

"Your Pistol had a clip?"

You might want to be a bit more circumspect when lampooning another poster given your regular use of "alot" (a non-word) among others...

karder,

I bought a set of Hogue rubber grips for my Ruger SP101 for $15.00 on line.

Did you mean online? Lets not play grammar Nazi, nobody wins.

[G.A. Heath]

Actually state law permits him to disarm you when he feels it is necessary for the safety of himself, you, or a third party. There is no provision under state law that allows him to disarm you because he can. I would file a complaint with the department regarding the incident specifically pointing out the disarming was not done in complete accordance with state law due to his own statement and I would make sure to point out his attitude as well.

[flintknapper]

I wouldnt have asked why he took your gun, he legally can, I dont see the problem.

He legally can IF:


§ 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.


Where did that come into play here?

Here is the bottom line folks: Unless you want this to become either departmental or personal "policy" among LEO, then take the time to go the officer's superior and talk with him. Until we make every officer articulate why he disarmed the CHL, it will not stop!

Yes, I know the officer can come up with something if they really want to. But if enough CHL holders make it such a pain in the rear for superiors to review each incident, it will stop or be less apt to be "policy".

Be courteous and respectful about it.....but TAKE THE TIME TO DO IT!

Always comply with any/all (lawful) instructions given to you by the officer out on the street.... then immediately take it up with his/her superior at the station.

I am disgusted with the way most CHL's put up with this....and fail to ACT on it except to complain amongst the citizenry. The law is CLEAR on the matter, MAKE THEM prove their case, every time!

[RiveraRa]

This begs the question, can he just open your door like that and go in your car w/o a warrant? I know he can disarm you and take you gun w/o a warrant but what about going into your car w/o permission? He could have just as effectively disarmed you by having you step out of the car.

[Keith B]

Your Pistol had a clip?

.

Possible. He didn't say what type of pistol it wa he was carrying, so it could have been an AR-15 pistol, which would have a clip.

[marksiwel]

To be fair, he threw the gun in the back seat. Now if he made an arrest based on something he found in the back, whole 'nother story.

[nedmoore]

It was Houston Police Department, the gun was a walther PPS, I was suprised that he figured out how to eject the clip! Regarding my pistol, I could have had a revolver with MOON CLIPS!

I doubt I will file a complaint, just wanted to vent on the board, I know that they have the right to disarm me. He must be one of those guys who does not CHL holders. When he came back to my truck with the gun and ticket I was updating my facebook status!

[nedmoore]

Flint, I just read your post, maybe I will try to make a complaint. Funny thing is he did not check for insurance, which I have, but my inspection is out of date!

[yerasimos]

Slow down.

As I see things, there is nothing good that can come from a traffic stop, so I try to observe the traffic laws as closely as I can. That way, the police can focus upon the true bad actors, and I can spend my money on better things besides "taxation via citation".

By my reckoning, fighting the ticket would be more productive than complaining about the officer's attitude, but I also see Flintknapper's point about CHLicensees making a collective, principled stand when firearms are seized for capricious purposes. Furthermore, eliminating unnecessary handling of firearms is better for everyone's safety, as holstered guns do not discharge by themselves. It is much safer and more level-headed for everyone if an officer says something like "you don't show me yours, I won't show you mine". That way everyone can return home without any extra perforations.