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by android
Fri Jun 07, 2013 12:27 pm
Forum: General Texas CHL Discussion
Topic: DPS Serial Number Check Strategy
Replies: 78
Views: 14614

Re: DPS Serial Number Check Strategy

RX8er wrote:Do you really want the LEO in the field to make his own determination of what deface or remove means and be arrested and charged with a felony under the GCA?

I can see how this goes:

Ofc: Is that a sticker covering the SN?
You: Yes it is, and if you remove it, you are performing a search
Ofc: How do I know that you have not removed or defaced the SN? You could be trying to hide the fact that you have altered the SN.
You: No I didn't, it is there
Ofc: Prove it to me

I can only see this as adding to the reasonable suspicion and for the LEO to continue to look for PC or now he has PC because he cannot see if there is actually a SN and that it has not been defaced in any way.
And he can certainly call it in and get a warrant, or he can peel off the tape without a warrant and perform an illegal search where he would then find that no laws have been broken.

I'm not claiming any of this is convenient, only that I think it has some good legal repercussions. Just like carrying a 6" knife in the state capital.
by android
Fri Jun 07, 2013 11:27 am
Forum: General Texas CHL Discussion
Topic: DPS Serial Number Check Strategy
Replies: 78
Views: 14614

DPS Serial Number Check Strategy

So.. I was giving this some thought and checked the regulations and I think what I came up with is legal.

GCA 1968 specifically prohibit defacement or removal or removal of serial numbers on firearms.

I see no prohibition on temporarily "covering" the serial number. In fact, a lot of pistols have the serial number under the picatinny rail on the bottom of the frame. A flashlight or any accessory would "cover" that serial number and it would no longer be in "plain sight."

Seems to me like some nice black stickers with "Removal Constitutes a Search" printed on them would be legal and prevent the SN from being in "plain sight" when disarmed during a traffic stop, yet does not violate the law.

I don't know if I would do it, but I know a bunch of people here seem to think this DPS policy is over the line.

Any thoughts?

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