Texas-Book-Gun Law Armed And Educated - Flipbook - Page 369
under Section 411.207 of the Texas Government Code, a police
officer may disarm an LTC holder during an encounter with the
LTC holder if the officer reasonably believes it is necessary to
disarm for the protection of the LTC holder, the police officer, or
any other individual.
At the conclusion of the encounter with the officer, if the officer
determines that the LTC holder is not a threat and has not committed
any violation of the law that results in the person’s arrest, then the
police officer shall return the firearm to the LTC holder. See Tex.
Gov’t Code § 411.207. Keep in mind, however, that the statutes do
not dictate the way the officer must return the firearm, which means
a person may receive their firearm back unloaded, disassembled, or
placed in an area of the automobile where it was not originally found.
D. Can a police officer legally take a constitutional carrier’s
handgun away?
AUTHORITY OF PEACE OFFICERS
TEX. CODE OF CRIM. PROC. ART. 14.03
(h)(1) A peace officer who is acting in the lawful discharge
of the officer’s official duties may disarm a person at
any time the officer reasonably believes it is necessary
for the protection of the person, officer, or another
individual. The peace officer shall return the handgun
to the person before discharging the person from the
scene if the officer determines that the person is not a
threat to the officer, person, or another individual and if
the person has not committed a violation that results in
the arrest of the person.
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