Wrong. In Texas, they can`t disarm you to see if it`s safe and stolen. Here is the code that gives them the power to disarm you. The law requires the officer to return the handgun to the person who has been disarmed before letting them go if the officer determines that the person does not pose a threat to the person, officer or other persons, and if the person is not arrested. The Texas Legislature has looked into this issue. Section 411.207 of the Texas Government Code states that police officers may disarm an LTC holder if the officer reasonably believes that it is necessary to secure the firearm to protect the officer or another person. If, after the meeting, the officer determines that the person does not pose a threat and has not committed a crime, he or she must return the firearm. However, the government code does not describe how the weapon must be returned or how long the police can hold it. Importantly, and notwithstanding any other changes to the law that allows most people to carry handguns without authorization, HB 1927 amends Section 14.03 of the Texas Code of Criminal Procedure (CCP) to give peace officers the right to disarm a person at any time if the officer: Many law-abiding gun owners carry guns in their vehicles in Texas; You do not need a permit to carry a handgun (“LTC”) to travel with a firearm in your motor vehicle in Lone Star State. But during street traffic stops, many law-abiding citizens are faced with the demands of a police officer.

If this officer asks the driver to disarm, what should he do? In fact, I want to be a police officer, so don`t take this as “police hater” language, but what makes an officer`s safety more important than mine? The fact is that the 4. Protects you from searching or seafarers, unless you have reasonable grounds to suspect that you are committing a crime. An officer who stops you because of a licence plate light has no reasonable suspicion that an abuse of language has been committed. I am sorry, but if we do not move this issue forward, it will be abused. That is why we have the Constitution. It is our unwavering law to protect ourselves from what the government might become in the future. I am not saying that malicious agents will abuse it now, even if they could, but in the future it could be, and it is up to us to protect that right. In most cases, the police will ask you not to enter the area where the firearm is located and to carry out the traffic stop without incident. In other cases, you may be asked to get out of the vehicle and retrieve the firearm yourself. In the worst case, we saw the police bring the gun back to their service; only to release him after he was registered as evidence and dismissed for “security reasons”.

This type of seizure violates the Fourth Amendment and violates the Texas government code. In response, we spent a lot of time returning citizens` firearms when they were illegally seized by various agencies throughout the state of Texas. But you must have broken the law in some way before they can restrain you and disarm you. Is that right? GC 9411.207 DISARMING AUTHORITY OF PEACE OFFICER. (a) A peace officer who lawfully performs his or her official duties may disarm a licensee at any time if the peace officer reasonably considers it necessary to protect the licensee, officer or other person. The peace officer shall return the handgun to the licensee before releasing the handgun from the crime scene if the officer determines that the licensee does not pose a threat to the officer, licensee or any other person, and if the licensee has not contravened any provision of this subchapter or committed any other violation that results in the arrest of the licensee. What happens if an officer asks you to hand over your legally carried firearm during a routine traffic stop? Do they have the right to disarm you? Do you have to follow their requests? What you need to know: When they meet with the police, they can temporarily disarm you. If you are not charged with a crime, you must surrender your firearm at the end of the meeting, unless there are extenuating circumstances.

If you believe your firearm was seized illegally, the place to combat this illegal seizure is the courtroom, not during traffic control. I see a lot of people saying that you should never allow an officer to take your gun when you are stopped in your car, for example. Aside from politeness, what is its legality? If a public servant decides they want to take it, what are your legal options? He can legally disarm you temporarily for his own safety during a traffic stop or meeting. My concern is “temporary.” The officer takes your gun “just for a moment.” What do you do if you don`t get it back? There are many cases where weapons have been taken (often illegally) “temporarily” and they have never been returned, or it has taken many years and a lot of legal fees to recover them. Yes, it happened to me. If a police officer uses the words “security guard” or something similar, they can disarm you (at least in New York). • Performs the official duties of the staff member; and • reasons to believe that the disarming of the person is necessary to protect the person, agent or any other person. How far can this disarmament go? The government would probably argue that they can search a vehicle if they suspect or know that a weapon is present.

If an officer is informed during a traffic stop that there is a firearm in the vehicle, even if no crime is suspected, the officer could search an entire vehicle under the pretext of the officer`s safety. If a firearm is discovered during the search, the police may temporarily detain it. This is, in our view, an inappropriate search and seizure, but because of court advisories like Robinson, these practices are commonplace. Exactly. I thought it was just Second Amendment lunatics saying, “Never get disarmed by a police officer,” but I wanted to see if it was based on something legal. Now, a cop who tries to disarm you because you`re walking down the street while you`re carrying is another story that obviously doesn`t contradict anything, but it`s not legal. For a traffic stop, I understand that if I was disarmed by a local police officer during a traffic stop, I was 95% sure that he would return it before we broke up. Otherwise, the local AIR is strong for legal possession of firearms and I have no doubt that I would get them back soon. I travel very little, so it`s very likely that any interaction I`ve had with police officers would be local. And if not, refer to my second sentence of this post. Another blow to the rights of gun owners was brought before the U.S.

Court of Appeals for the Fourth Circuit opinion in U.S. v. Robinson. The court noted that “armed persons, whether legal or illegal, pose an even greater risk to the safety of police officers.” The Texas Court of Appeals in Fort Worth, lovett v. The state confirmed its involvement in Robinson and reiterated that the Texas government`s code allows an official to disarm an LTC holder. This is particularly surprising considering that LTC holders as a group commit fewer crimes than non-LTC holders. These statistics are tracked by the Department of Public Safety and are available on the department`s website. Despite the flawed logic, the Fourth Circuit`s position is upheld, and Texas courts have adopted the same thing: officials can and will disarm law-abiding citizens during traffic control. I was arrested for using my phone, the policeman said, “I would feel better if you let me hold your gun a little.” I said, “I don`t really think it`s necessary, do I?” He replied, “Sir, it`s for my safety,” and I raised no further objections.