That doesn't seem right, if I'm legally carrying a firearm, say stopped for speeding or what, the LEO can take my firearm away from me without any reason?Also, for a CHL holder, if asked for ID when you are carrying, you must display your driver license and CHL; and the officer can then disarm you.
yeppers, Peace Officer or Magistrate.
Yep, it doesn't seem right, but they certainly can...How they do it and why they do it is up to them on the spot...airbornerangerboogie wrote:Quote:That doesn't seem right, if I'm legally carrying a firearm, say stopped for speeding or what, the LEO can take my firearm away from me without any reason?Also, for a CHL holder, if asked for ID when you are carrying, you must display your driver license and CHL; and the officer can then disarm you.
yeppers, Peace Officer or Magistrate.
No, he cannot without any reason. Here is the law;airbornerangerboogie wrote:Quote:That doesn't seem right, if I'm legally carrying a firearm, say stopped for speeding or what, the LEO can take my firearm away from me without any reason?Also, for a CHL holder, if asked for ID when you are carrying, you must display your driver license and CHL; and the officer can then disarm you.
yeppers, Peace Officer or Magistrate.
Texas Government Code
§ 411.207. AUTHORITY OF PEACE OFFICER TO DISARM. 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.
True, and that only applies to the operaters of motor vehicles (542.001). It is for traffic direction ONLY, as you pointed out. A LEO can direct you to proceed against a red light, direction of traffice, etc. Good Point.srothstein wrote:Well, actually there is such a charge, sort of. But it is not in reference to what was under discussion. The proper charge is "Obedience required to police officers", which is the title of section 542.501 of the Transportation Code. It saytxinvestigator wrote: There is no charge in Texas of "failing to obey a lawful order".
"A person may not wilfully fail or refuse to comply with a lawful order or direction of:
(1) a police officer; or ..."
But what it is really referring to is a police officer directing traffic. I bring it up just to show where the language comes from about lawful order.
Caught in in my own peeve of word use. Yes, he can, but there is no LEGAL requirement to answer. ;)CHL/LEO wrote:TXI - sure they can - it happens quite often. The key word you left out was "legally"A LEO cannot just randomly walk up to a person, demand ID and do a Terry Search.
I think the officer will always "win" this one.txinvestigator wrote:Texas Government Code
§ 411.207. AUTHORITY OF PEACE OFFICER TO DISARM. 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.
#1 - I want them to stay safe and when they are out of their vehicle it can be a lot more dangerous for them - especially in a high traffic area. The majority of my traffic stops are done when it's dark and that increases visibility issues even more; and that doesn't even touch upon the issue of intoxicated drivers on the road at that time of the night...Out of curiosity, what is the gist of such an explanation?
Welcome to the forum.dezwartemaan wrote:TEX TN. CODE ANN. § 542.501 : Texas Statutes - Section 542.501: OBEDIENCE REQUIRED TO POLICE OFFICERS AND TO SCHOOL CROSSING GUARDS -
A person may not wilfully fail or refuse to comply with a lawful order or direction of:
(1) a police officer
Don't look under the Penal code for the obeying lawful order.
It's a Statute, not a penal code.
ya... actually made me log in again to see what's up. I haven't been back here in years :)joe817 wrote:Wow! Holy Rip van Winkle Batman! An 8 year old thread wakes up!
Welcome to the forum dezwartemaan.
