Lucky45 wrote:KBCraig wrote:No, I'm not. "Lawful" must be based in the law, and must be Constitutional. Just because it's department SOP doesn't make it Constitutional, nor does it mean it's based in the law.
If it was department-wide SOP to pull over and search every (fill in the blank) seen, it would be neither lawful nor constitutional.
Kevin
Then on 1st issue, a LEO is sworn in and given the authority to uphold the law and carry out his duties which is given to him by law. So how is not lawful if it is state law that he can disarm as part of carrying out his duties.
It IS lawful for the officer to disarm you UNDER CERTAIN CONDITIONS.
Note: There is no period after the words "any time"...and that the conditions the officer may disarm you are stated immediately thereafter.
§ 411.207. AUTHORITY OF PEACE OFFICER TO DISARM. 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.
Also, if "Reasonably believes it is necessary" is never challenged....then it could easily be abused by LEO/DA.
I have been stopped twice in the 10+ years I've been carrying and neither time did the officer give more than a cursory glance at my
CHL and then return it to me. I live in a small town, know most of the LEO here..and respect them for the job they do. I can see how it might different somewhere else though.
