Bad: Austin Traffic Stop with CHL holder.

This is a discussion on Bad: Austin Traffic Stop with CHL holder. within the In the News: The Good, the Bad and the Ugly forums, part of the The Back Porch category; Originally Posted by farronwolf Here is a copy of the statute. Sec. 411.207. AUTHORITY OF PEACE OFFICER TO DISARM. (a) A peace officer who is ...

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Thread: Bad: Austin Traffic Stop with CHL holder.

  1. #16
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    Quote Originally Posted by farronwolf View Post
    Here is a copy of the statute.

    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.
    I'm not on anyone's side because I wasn't there.

    However, if we are going to have a statute then I think it is important that a key phrase in this statute is "reasonably believes it is necessary." It was worded that way for a reason when it was passed into law!

    What a complaint can do, is inquire as to whether a particular officer disarms all license holders he or she encounters as a matter of course, rather than to have a "reasonable belief it is necessary" to disarm the license holder based on the license holders actions, demeanor, or other observations by the officer which would lead a reasonable person to believe the same as the officer. That there is a genuine safety issue.

    If an officer just has a general bug a boo about ccw holders and wants to disarm everyone he comes in contact with, then I feel that is inconsistent with the spirit of the statute and I think it is something that officer would need to have pointed out to him administratively and without punitive action against him. In other words... Sergeant needs to have a little church meeting with the officer.

    Now personally I don't believe a "minor traffic infraction" like blocking an intersection warrants a "reasonable belief necessary" to cause an officer to be concerned with his personal safety for an otherwise law abiding citizen. And I am not defending the license holder in this case because we have no idea what the officers side of the story is. He may very well had a valid reason for disarming the two license holders. I got noooooo problem with that!

    Just my humble opinion... I am not wanting to cause any waves because I love my brothers and sisters in the the public safety sector. I'm on your side... And I'm always supportive of giving all officers a lot of leeway in regards to any "officer safety" issue! Always! But we all know, every occupation has someone who their peers and co-workers consider to be a real "tool" and that may or may not be the case here.

    And for the record... If it happened to me... I'd just let it go and not make an issue of it! But I can see both sides of the issue.
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  3. #17
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    Bark'n,

    I am not necessarily taking sides on this one either. Simply pointing out what the laws in our state are regarding this issue.

    I have no idea if the cop has an attitude or the ex cop and new graduate of the academy have attitudes regarding the stop. But given the limited information, I am going to error on the side of giving the cop the ability to do his job within the laws provided by Texas statute.

    Other than some panties in a wad, there really was no harm done in this stop, imo.
    Just remember that shot placement is much more important with what you carry than how big a bang you get with each trigger pull.
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  4. #18
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    farronwolf... I agree. And I hope you don't think I was out for you on this. I was actually glad you posted the statute. I just picked up on the wording in the statute and wanted to highlight a critical aspect.

    I always give officers extra leeway regarding officer safety issues. I know how dangerous it is out there.

    I merely point out that for those rare officers who have a bug up their fanny over ccw and take any opportunity to harass license holders isn't a good thing for the department in general, and that honest lawful license holders don't deserve to be harassed.

    I also think if that is the case, all those officers need is a little "Come to Jesus" meeting with the Sergeant and not necessarily have chicken tracks all over their personnel jacket.

    Without any facts... and there really isn't any facts in the OP, I have no dog in this fight. Just pointing out my observations.
    -Bark'n
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    "The gun is the great equalizer... For it is the gun, that allows the meek to repel the monsters; Whom are bigger, stronger and without conscience, prey on those who without one, would surely perish."

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