TexasCHLforum.com

The legislative intent behind Tex. Gov't Code §411.207(a) was to authorize a peace officer to disarm a CHL if there was something about the person or the stop that made the officer believe it was necessary for someone's safety. That was a reasonable and necessary position for the Legislature to take. As for vague wording, unfortunately it too was necessary. Most of what a LEO does is based upon a "reasonable belief," but that's true of our actions as well. The ability to use force and deadly force against others, whether for self-defense or otherwise, as set out in Chp. 9 of the Texas Penal Code, is based upon our "reasonable belief." That is the guiding principle for LEO's and civilians alike because we simply can't list each and every specific scenario that would justify action. At some point in the analysis we simply have to look one another in the face and say "were his/her actions reasonable?" I think the statutory authorization to temporarily disarm a CHL is reasonable, proper and necessary.

Based upon stories related to me by many people, I agree that disarming CHL's seems to occur in a very small percentage of stops. This is as it should be, as having a reasonable belief that disarming a CHL is necessary for safety reasons should truly be a rare event. I do have a problem with departments or individual officers that disarm every CHL as a matter of departmental or personal policy. This is not only unjustified and outside the scope of authority granted in §411.207(a), it tends to drive a wedge between to segments of the community that are natural allies -- LEOs and CHLs. Just as CHLs need to understand the officers' concerns, so too must officers understand that being disarmed is not going to viewed as a neutral act. (I posted my own experience being disarmed by a new DPS Trooper.) A little understanding on both sides of the badge would certainly help the situation.

Chas.

I think part of the confusion on this issue is the lack of a statutory definition of "disarm a license holder" as found in Tex. Gov't Code §411.207(a). The statute doesn't say an officer can take a handgun off a CHL's hip or out of her purse, it authorizes disarming the CHL. Since there is no definition, we have to look at case law to see the scope of an officer's authority to search a vehicle for weapons. An officer can search a driver's car for weapons without a warrant or consent, as long as it is for the officer's safety. I'm embarrassed but I can't recall the style of the U.S. Supreme Court case on this issue. It's not Terry, as that deals with pat-downs of suspicious persons. Oh well, another "Sometimers" moment. I know the issue about stepping out of the car and locking the door, but I'm not sure if there is any case law on point.

Chas.

BTW, I agree that the statute does not allow, nor did the Legislature intend for, law enforcement agencies to adopt global policies to disarm any and all CHL's.


§ 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 is clear that a LEO can temporarily disarm a CHL during a stop. The statute isn't clear as to the geographical scope of this authority, so I believe an officer's authority would be interpreted in light of the cases dealing with what constitutes carrying a handgun "on or about one's person." The case law pretty much holds that anywhere within the passenger compartment of the vehicle is "on or about one's person." So, if the gun is in the passenger area of the car, I believe an officer could retrieve it. If it was locked in the trunk, then I don't believe he officer would have the authority to require you to open it and let him take the gun.

This is just my evaluation of how the law would be interpreted, as I know of no case law directly on point.

Chas.