TexasCHLforum.com

EEllis wrote:

2firfun50 wrote:
I find your post to be rather disturbing. I may be reading it incorrectly, but when later challenged, wouldn't the officer be required to explain the safety reason for disarming? I see nothing in the law that says, "because an officer said so...."

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.

Why should they need to explain? It is well documented by court cases and officers are trained that it's reasonable to secure firearms in any custodial situation. All they have to say is "for safety" and they are good. This is even without the additional written authority to disarm license holders.

dac1842 wrote:The law permits the officer to disarm the CHL holder if there is a concern for his safety, your safety, or the safety of others. He does not have to have probable cause to disarm, a warrant is not required for him to run the serial number just as he does not require a warrant to run a drivers license check on you once you hand him your DL.
So until someone wants to challenge the law permitting the officer to disarm you, you have two choices, comply with te law or challenge it and be prepared to suffer consequnces.

Sec. 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.
(b) A peace officer who is acting in the lawful discharge of the officer's official duties may temporarily disarm a license holder when a license holder enters a nonpublic, secure portion of a law enforcement facility, if the law enforcement agency provides a gun locker where the peace officer can secure the license holder's handgun. The peace officer shall secure the handgun in the locker and shall return the handgun to the license holder immediately after the license holder leaves the nonpublic, secure portion of the law enforcement facility.
(c) A law enforcement facility shall prominently display at each entrance to a nonpublic, secure portion of the facility a sign that gives notice in both English and Spanish that, under this section, a peace officer may temporarily disarm a license holder when the license holder enters the nonpublic, secure portion of the facility. The sign must appear in contrasting colors with block letters at least one inch in height. The sign shall be displayed in a clearly visible and conspicuous manner.
(d) In this section:
(1) "Law enforcement facility" means a building or a portion of a building used exclusively by a law enforcement agency that employs peace officers as described by Articles 2.12(1) and (3), Code of Criminal Procedure, and support personnel to conduct the official business of the agency. The term does not include:
(A) any portion of a building not actively used exclusively to conduct the official business of the agency; or
(B) any public or private driveway, street, sidewalk, walkway, parking lot, parking garage, or other parking area.
(2) "Nonpublic, secure portion of a law enforcement facility" means that portion of a law enforcement facility to which the general public is denied access without express permission and to which access is granted solely to conduct the official business of the law enforcement agency.

Added by Acts 1997, 75th Leg., ch. 165, Sec. 10.01(a), eff. Sept. 1, 1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 572, Sec. 1, eff. September 1, 2007.

dac1842 wrote:The sole discretion to disarm is that of the officer's. no one, meaning the courts or his/her superiors is going to second guess an officer's decision to disarm someone. All an officer has to say is that he did it for his safety, end of discussion.
When I was a Sargeant, which was long before CHL,had a citizen called to complain about being disarmed I would have asked one question, Does the law permit the officer to disarm you? Yes, have a nice day.
It is not as black and white as you paint it. The law does not state the officer feel threatened, the law says he may do so for safety of himself, the license holder or another person.
I realize that many people will argue that it is a play on words,but not in the eyes of the law. To say you feel threatened suggest someone did something to make you feel that way. The wording for the safety of, means nothing more than at the officers discretion.

chuck j wrote:

probation_officer wrote:Ok, I am new here and maybe the answer is obvious but why do you want to cover the serial number on your firearm??

I'm like probation officer , why would you be nervous about the SN ? I dont mind them running mine .

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

dac1842 wrote:Mr. Marquez,
With allude respect I disagree with your interpretation.

Gunner4640 wrote:A friend of mine was stopped by dps a few weeks ago, he handed him his chl and the trooper asked if he was armed, replied yes I am - trooper asked where the gun was , in the consol , trooper said hand it over so he could check if the gun was stolen.

JALLEN wrote:Is this a solution for which there is no known problem?