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by E.Marquez
Sun Jun 16, 2013 9:30 pm
Forum: General Texas CHL Discussion
Topic: DPS Serial Number Check Strategy
Replies: 78
Views: 14616

Re: DPS Serial Number Check Strategy

apostate wrote:
E.Marquez wrote:Not sure what use a gun in a lock box is either as a defensive weapon?
Nobody said the box has to be locked at all times.

Once upon a time, there was no Texas CHL. In those dark times, it is rumored, some people carried a pistol in an unlocked briefcase. It was reasonably accessible in many situations. Like purse carry today, it had some challenges. However, 20 years ago there was no way to get a CHL, so on-body carry carried its own set of risks if an average citizen was not hunting, et cetera. Indeed, the primary advantage of that hypothetical carry method was the ability to quickly spin the combo-wheels, converting the briefcase into a locked container.

Or so the story goes.
I suppose if this was Texas Car carry without a CHL.com the idea of unlocked, lock box carry in a car would be a great point :biggrinjester:

But I though we were discussing carry under the authority of Texas CHL, and what happens when you get pulled over by that 1 in 1,10000 TX LEOS, who believes in disarming to check a guns serial number (is the number even that common?)

All in good fun of course.

I guess if someone wants to car carry that might work, but I prefer to have my gun secured so no matter what events might take place.. I know the gun is in the exact position/location i put it in before the wreck, evasive maneuver, assault.. car jacking.
by E.Marquez
Sun Jun 16, 2013 5:19 pm
Forum: General Texas CHL Discussion
Topic: DPS Serial Number Check Strategy
Replies: 78
Views: 14616

Re: DPS Serial Number Check Strategy

tacticool wrote:
android wrote: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?
It seems like a lot of effort when a lock box would be more effective and have other advantages besides.
While Im not going to do the cover the Ser# option..

Not sure what use a gun in a lock box is either as a defensive weapon?
by E.Marquez
Sun Jun 09, 2013 8:28 pm
Forum: General Texas CHL Discussion
Topic: DPS Serial Number Check Strategy
Replies: 78
Views: 14616

Re: DPS Serial Number Check Strategy

dac1842 wrote:Mr. Marquez,
With allude respect I disagree with your interpretation.
OK, please state why, based on what part of the law already cited
by E.Marquez
Sun Jun 09, 2013 5:42 pm
Forum: General Texas CHL Discussion
Topic: DPS Serial Number Check Strategy
Replies: 78
Views: 14616

Re: DPS Serial Number Check Strategy

dac1842 wrote:Cover the serial number with tape! Seriously? That in itself raises reasonable suspicion, which leads to probable cause. Not a real good idea. Once the officer uses his lawful authority to disarm you, there is nothing that prevents him frm running your serial number, just as there is nothing that prevents him from running your license plate prior to your stoop, or your drivers license during the stop.
This is not as complicated as many of you are making it
And there in is the issue at hand....
The law allows a LEO to disarm if there is a concern for safety... his, or others. ...
GC §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
.
IF and I say IF.. IF there is a department disarming and then running Ser# on the basis solely a check to see if it is stolen or not.. it is a violation of law.

IF the officer can articulate why he felt the CHL was presenting a threat to him, or others and was disarmed for that reason, AND then subsequent to that lawful confiscation of the weapon runs the ser# that would be a somewhat different issue.
by E.Marquez
Fri Jun 07, 2013 12:00 pm
Forum: General Texas CHL Discussion
Topic: DPS Serial Number Check Strategy
Replies: 78
Views: 14616

Re: DPS Serial Number Check Strategy

What DPS policy?
We have gone down this road.. and I do not remember any such wide spread policy uncovered.. Nor even a consistency in a single department with that action.

If I missed it.. would you please link me to the discussion that reviled checking a weapon Ser# number that was removed from a disarmed CHL'r at a traffic stop was determined to be policy, common, or consistent in an entire department?

Thanks

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