Texas-Book-Gun Law Armed And Educated - Flipbook - Page 370
(2) A peace officer who is acting in the lawful discharge of the
officer’s official duties may temporarily disarm a person
when the person enters a nonpublic, secure portion of a
law enforcement facility, if the law enforcement agency
provides a gun locker or other secure area where the
peace officer can secure the person’s handgun. The
peace officer shall secure the handgun in the locker or
other secure area and shall return the handgun to the
person immediately after the person leaves the nonpublic,
secure portion of the law enforcement facility.
(3) For purposes of this subsection, “law enforcement facility”
and “nonpublic, secure portion of a law enforcement
facility” have the meanings assigned by Section 411.207,
Government Code.
Yes, police are allowed to disarm constitutional carriers in a
manner similar to how they treat LTC holders as explained
above. This is because the Firearm Carry Act of 2021 essentially
imported the language found in Texas Government Code Section
411.207(a)-(b), removed the term “license holder,” replaced it with
“person,” and implanted it into the new Texas Code of Criminal
Procedure Article 14.03(h)(1). A strict reading of this new statute
implies any person with a handgun can be disarmed by the police
temporarily—constitutional carriers and LTC holders alike.
It could be argued police already may temporarily disarm anyone
of any dangerous weapon if safety is an issue during a detention or
arrest. As with many of the new law changes concerning carrying
handguns in Texas, it will be interesting to see how the courts
interpret the temporary disarming of constitutional carriers and
Law Of Handgun Carry: Part III 359
