Can a Texas peace officer take away my licensed handgun at a "scene" when I have not been charged or arrested?
by Donald Ray Burger
Attorney at Law
Section 411.207 of the Texas Government Code addresses this question. A peace officer can disarm a CHL "at any time the officer reasonably believes it is necessary for the protection of the license holder, officer or another individual."
The peace officer shall "return the handgun to the license holder before discharging the license holder from the scene if the officer determines the license holder is not a threat . . . ." This assumes the CHL is not arrested at the scene.
Question answered 1/20/04
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