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by austin-tatious
Thu Feb 25, 2010 11:01 pm
Forum: LEO Contacts & Bloopers
Topic: DPS trooper running serial numbers?
Replies: 84
Views: 15849

Re: DPS trooper running serial numbers?

srothstein wrote:
chabouk wrote:The problem starts with being disarmed. There are two occasions when a peace officer has authority to disarm a licensee:
1. When he reasonably believes it is necessary for the protection of himself, the licensee, or a third party. (Government Code 411.207(a))
2. When entering the nonpublic, secure portion of a law enforcement facility, if properly marked. (Government Code 411.207(b))

There is no blanket authority to disarm every licensee, whether to check serial numbers or for any other purpose.
I never really considered the problem of unloading the weapon before giving it to him. I don't know how an officer will react. Ther eis a strong safety argument that can be made either way. If the officer is just taking the weapon and putting out of your access, there is no need for either him or you to unload it. trying to manipulate it when ther eis no need seems like an extra danger to me. The flip side is that not all officers know every pistol (I doubt any officer does other than Tackleberry), and the officer trying to unload and make the pistol safe is much more dangerous if he doesn't know what he is doing. I seem to recall reading about a new tire for an ATV caused by this recently. I guess I would say that it can't hurt to ask the officer if you can unload it, but then do whatever he says.

As you might guess, I have never disarmed a CHL on any kind of stop and I generally advised my trainees not too also. I will have to consider how they should react to some of these points, especially unloading.
Over a year ago I read a story about an officer in another state who badly mishandled a concealed handgun licensee's weapon after taking it to preserve his safety. Consequently, I now plan to ask a LEO who asks for my gun to ask permission to unload it for him before handing it over. Now you've got me debating the wisdom of that. I bet there is not a definitive answer, too. It all depends on <insert your favorite reason or situation here>.

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