Search found 2 matches

by JP171
Wed Jun 19, 2013 7:00 pm
Forum: General Texas CHL Discussion
Topic: Response From DPS Regarding Policies When Encountering CHLer
Replies: 171
Views: 30541

Re: Response From DPS Regarding Policies When Encountering C

baldeagle wrote:
JP171 wrote:one thing I have not seen in this entire thread, and I do admit I didn't read all 12 pages, but the legal definition of possession isn't met by merely holding the weapon during a traffic stop by the LEO

here is the definition I can find in the penal code

"Possession" means actual care, custody,
control, or management.

being that having actual( actual would be construed to be for all instances in the definition) in here does not allow temporary "possession" it seem as though to me that to be in Possession of the weapon the officer must have cause to seize the weapon. To me this seems to negate the argument of the officer disarmed you for your safety and then was thereby in possession of the weapon so therefore ran the NCIC check on it then returned the weapon to the original possessor

so in finding this definition I refute any argument that allows and requires by law or procedure to check the status of every weapon removed from the lawful owner
That's what I argued earlier today - viewtopic.php?f=7&t=60221&start=150#p823702" onclick="window.open(this.href);return false;

LOL ok I missed it :txflag:
by JP171
Tue Jun 18, 2013 7:48 pm
Forum: General Texas CHL Discussion
Topic: Response From DPS Regarding Policies When Encountering CHLer
Replies: 171
Views: 30541

Re: Response From DPS Regarding Policies When Encountering C

one thing I have not seen in this entire thread, and I do admit I didn't read all 12 pages, but the legal definition of possession isn't met by merely holding the weapon during a traffic stop by the LEO

here is the definition I can find in the penal code

"Possession" means actual care, custody,
control, or management.

being that having actual( actual would be construed to be for all instances in the definition) in here does not allow temporary "possession" it seem as though to me that to be in Possession of the weapon the officer must have cause to seize the weapon. To me this seems to negate the argument of the officer disarmed you for your safety and then was thereby in possession of the weapon so therefore ran the NCIC check on it then returned the weapon to the original possessor

so in finding this definition I refute any argument that allows and requires by law or procedure to check the status of every weapon removed from the lawful owner

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