TexasCHLforum.com

EEllis wrote:

srothstein wrote:No one is talking about with cause, but just out of idle curiosity, where do you see any authority for an officer to disarm ANYONE other than a CHL? I will grant that they can if they are making an arrest, but shy of that, I do not see the legal authority written anywhere.

Peace officers can disarm anyone in a custodial situation. If they can require your presence then they can disarm. Now that is vague, and would have to be because it would be all but impossible to try and dictate every possible situation a police officer might find themselves in, but basically if you might be a suspect and need to speak with you or need your presence until they get more info to determine the actors then of course they can legally disarm someone.

I disagree. I also disagree that they can require your presence, but that is a separate issue. We seem to agree that if the police are taking you into custody (as in placing you under arrest) that they can disarm you.

But if they are stopping you on the street to ask you a question, even if you are suspected of a crime, where is the legal authority to disarm you? We know they can legally disarm a CHL because that is contained in chapter 411 of the Government Code, but where does any law give the authority to a peace officer to disarm someone else?

And if there is such written law, why would one be needed to cover the case of a CHL?

EEllis wrote:

mojo84 wrote:

srothstein wrote:It simply says the police officer may disarm a license holder. It places no restriction on the location or the authority by which the person is carrying. If it only applied to carrying under the authority of your CHL, then an officer could not disarm you in a traffic stop since you are not carrying under you CHL while inside your motor vehicle.

Not trying to be a smartalec but the bottom line seems to be, CHL holders lose some rights even though they gain others. Guess everything in life involves some form of a tradeoff.

In this case I don't see your CHL having anything to do with anything. You don't need a CHL to carry on your own property and police can disarm a Homeowner, with cause of course, regardless of their CHL status.

No one is talking about with cause, but just out of idle curiosity, where do you see any authority for an officer to disarm ANYONE other than a CHL? I will grant that they can if they are making an arrest, but shy of that, I do not see the legal authority written anywhere.

RottenApple wrote:

srothstein wrote:I think, as I posted in the thread on the shooting, that the answer is clear in the law. If you have a CHL, the law says that any officer may disarm you for his safety, your safety, or the safety of others. There is no limit in the law on the location. So, yes, an officer may disarm a CHL inside his house if they come into contact with you there for any reason.

I think the next logical question is if an officer has any legal right to disarm any person who is legally carrying under some other authority than a CHL.

I disagree. Charles has explained the authority issue many, many times before. While you may have a CHL, you are not carrying under its authority while on your own property.

I agree with Charles on the authority under which you are carrying. I have said the same thing before, that you may have different authorities you carry under and you get to choose which applies.

But, as with the requirement to present your license when asked for ID, the law allowing an officer to disarm you mentions being a license holder but not the authority under which you are carrying. The exact wording of the law is:

Sec. 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.

It simply says the police officer may disarm a license holder. It places no restriction on the location or the authority by which the person is carrying. If it only applied to carrying under the authority of your CHL, then an officer could not disarm you in a traffic stop since you are not carrying under you CHL while inside your motor vehicle.

I think, as I posted in the thread on the shooting, that the answer is clear in the law. If you have a CHL, the law says that any officer may disarm you for his safety, your safety, or the safety of others. There is no limit in the law on the location. So, yes, an officer may disarm a CHL inside his house if they come into contact with you there for any reason.

I think the next logical question is if an officer has any legal right to disarm any person who is legally carrying under some other authority than a CHL.