TexasCHLforum.com

That was funny right there.
I am so glad the guy got out of this unjust arrest. Hopefully, no one will suffer the same hassle in the future at their hands. I find it very unsettling to know the people in charge of arresting violators of the law don't keep up with what those laws actually are. Very unprofessional to say the least.

If one were to show the arresting officer the statute that states it's legal to conceal carry without a CHL due the to the MPA, and then he went ahead an arrested you anyway, would that be effective grounds for a civil suit?

The officer arrested him because he was in possession of a concealed handgun and he was under the age of 21. The officer didn't know that you only had to be over the age of 18 in Texas to possess a handgun.

You'd think the cops would have to know such things.

bdickens wrote:You'd think the cops would have to know such things.

The police are allowed to be ignorant of the law with no consequences unlike the citizens.

srothstein wrote: The arrest was clearly wrong, but one of the things necessary to prove in the court case is the intent of the officer. If the officer was simply mistaken about the law, he is not liable.

My 18 year old daughter was wrongly arrested and was told "all charges are dropped and there is no record of the arrest". Four years later after college graduation, she was hired as a school teacher. She answered the "have you ever been arrested" application question "No". A few days before her first day at school, she was called to the Principal's office and told that she was fired for lying on the application. There WAS a record of her arrest. She expained what happened and after much anquish and heart-ache, she got to keep her job. We are now in the process of getting that info off her record, but it is going to be very expensive and then she will still be hesitant to say NO to the arrest question on another application.

Please stay on them and insure they do away with all record of this arrest. I would also ask every officer receive training on the law as well as a apology in the local papers for the false arrest and to inform the public they will be seeking further training for their officers. I know rural LEOs and it will be neglected if you don't stay on them. Maybe just understaffed or laziness but I would not trust them to do it. Love LEOs but they are human beings and need to be held responsible so they don't do this sort of thing again to another innocent person. Don't be emotional about it but don't let them run over you either.