Re: Disarmed AND unloaded by Pearland PD
Posted: Mon May 05, 2008 7:15 am
Polite reminder gents.
Lets not let it get argumentative & personal.

The focal point for Texas firearms information and discussions
https://mail.texaschlforum.com/
That's for a jury to decide. If they allow the system to work.Penn wrote:Who are you to say the there was no reason for him to feel he was in danger?
Well lets see, Immediately pulled over, into a lighted parking lot, both windows down, engine off, dome light on, both hands on the wheel with paperwork out. He had already looked in the back and saw it was empty. If you think it was ludicrous to feel there might be danger then we should all be disarmed on every stop. It doesnt get any better than that for them. REASONABLE man theory. Since officers on this board and every other officer who has stopped me hasnt disrmed me and emptied the gun then this officer must be the unreasonable one. Not so ludicrous. Now if I stopped on the side of a dark road, all windows up and engine running then I might see your point. If he felt he was in danger then he needs another line of work. Bottom line is I have always fully supported LEO and will continue but they are not above the law and I do have my rights. Who are you to say it was a ludicrous statement?Penn wrote:rm9792 wrote:Who are you to say the there was no reason for him to feel he was in danger? What a ludicrous statement.Double Naught Spy wrote:[quoteThere was no reason to feel he was in any danger.
I am pickled tink about these particular changes...This sets the stage for what I have been fighting for and hammering at my legislators since dirt dried...KBCraig wrote:Government Code § 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.
New since 2007:
(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.
To sum up: peace officers are only authorized to disarm licensees when they reasonably believe it is necessary for safety; or, when entering a secure law enforcement facility as described in the law.
Disarming CHLs as a matter of course is not authorized by law.
Just to be clear, the only reason I mentioned it was the fact that you seemed quite dismissive about the fact that you are required to display a front plate.rm9792 wrote: It is amazing the number of people on here who fixate on one thing and get on a high horse. I guess I am quite the John Dillinger without my front LP.
Mine did in Montgomery County. You can set it up pretty cheap.rm9792 wrote:No department around Houston i know of has swipe capability. Thats interesting.