Texas-Book-Gun Law Armed And Educated - Flipbook - Page 368
However, with Texas Constitutional Carry, it is unlikely a court would
side with an officer who, without reasonable suspicion, detained
someone to check on their LTC status based solely on an observation
the person was carrying a handgun concealed or open in a holster in
a non-prohibited public place. Appellate courts have yet to consider
a case involving this type of police interaction.
B. How should constitutional carriers interact with law
enforcement?
Police encounters with constitutional carriers were a hotly contested
topic during the house and senate floor debates on Texas Constitutional
Carry. There was a proposed amendment that would not allow a police
officer to stop anyone he or she sees carrying a firearm to inquire as
to whether or not that person can legally possess a firearm. This was
the most highly debated amendment to the bill, and though the house
adopted this amendment, it did not make it into the final version.
The Legislature left the decision to the courts as to whether or
not a police officer, during the lawful discharge of duties, may stop
someone simply because they are carrying a firearm. No court has had
an opportunity to rule on this topic yet, but it will surely reach the bench
in the coming years. In contrast to an LTC holder’s obligations, there is
nothing in the law that states that if you are constitutionally carrying that
you must disclose that information to a law enforcement officer.
C. Can a police officer legally take an LTC holder’s handgun
away?
Yes, police are allowed to disarm LTC holders in the interest of
officer safety. Texas Government Code Section 411.206 states that a
police officer can disarm an LTC holder and confiscate the LTC of
a person he or she has arrested for a criminal offense. In addition,
Law Of Handgun Carry: Part III 357
