Police action?

B

Benzene

Moderator
A buddy of mine, a resident of Texas, just told me that the Police has the authority to seize a duly licensed concealed firearm carried by a motorist during a routine traffic stop. Further, he said that the Police could then barge into the motorist's home and seize every other firearm in that house. Thanks for your inputs.
 
A buddy of mine, a resident of Texas, just told me that the Police has the authority to seize a duly licensed concealed firearm carried by a motorist during a routine traffic stop.
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True. He does have the authority to TEMPORARILY disarm you OR seize the weapon if he feels this lives of himself or others is in danger from the individual in the traffic stop.


Further, he said that the Police could then barge into the motorist's home and seize every other firearm in that house. Thanks for your inputs.
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False. Not without a warrant or probable cause.

If I am wrong, someone please correct me.
 
Sounds fishy.

Benzene--This buddy of yrs--Is he a lawyer? LEO? Someone who might have a legitimate source of correct info?

Or is this just "locker-room lawyer" talk?

One of my buds is a Texan, CCL certified; when he talked about it he didn't indicate there was this type of problem, but then, I didn't ask, either.

Anyhow, I think this is one of those instances where the polite response is, "I'd love to see your data."

The impolite response has to do with a smelly product of male bovines.
 
Polite response

Thanks, y'all. I'm hoping that some objective "data" would surface relating to this question. Owning, carrying, and using firearms make for very serious business, one in which objective data is crucial. One could claim to be law-abiding when one knows the law.

I must also repeat that I've found this forum invaluable.
 
I have been a Peace Officer in Texas for over 22 years and with all due respect, your friend's information is totally erroneous.
 
The police Do have the authority to sieze a authorized CWW holders weapon. The main word here being Authority.That doesn't mean they have the right or will or want to. They , as far as I have ever known, cannot enter your home with out a warrent unless they have cause to ( meaning probibel (spelling wrong I know)).

Tom
 
Texas Police Officers may by law ask for your CHL weapon during a traffic stop, but I have not heard of that occuring much if at all. Texas LEOs seem
to be capable of a lot of common sense and generally act accordingly.
 
I'm a State Trooper in Texas and the police can disarm a CHL holder during a routine traffic stop for safety purposes, but it must be returned at the end of the contact. We can't just seize it and not return it for no reason. Now say for instance, a CHL holder commits an offense, the CHL will be seized and if they have there weapon on them, that will be temporary seized and can be picked up after there out of jail, but the CHL is gone. Now of course if the weapon is used in the offense, it will be held as evidence. Also, like revjen said, if you have a CHL your required by law to inform the officer when stopped whether or not your carrying at the time. As far as being able to barge into someones house and take all there weapons, thats ridiculous. I don't know of any place that this can happen without a warrant, except for maybe New Orleans.
 
More confusion

possumking, what's the difference between "authority" and "right"? Further, "authority"/"right" to do what? "to sieze a authorized CWW holders weapon"?
 
Thanks, trooper3385

Thanks, trooper3385. You make sense to me and I'll accord your statement due weight for obvious reasons.

One of my friends from Utah finds himself regularly in Texas - he has a residence there too - and he says that every time the Police there stop him for "a routine traffic stop," they take his weapon and empty the magazine along with his spare magazines. Then they return everything to him. The guy carries a Utah concealed weapon license.

Once again, thanks, trooper3385. It was gracious of you to comment. It is such comments that make this a worthwhileforum.
 
on the back of my permit, it says you gotta give your gun to the cops if they ask for it. it even says immediately !

new york city, but in practice, it aint gonna happen, its like winning the lotto.
 
I believe "seize" is the wrong wording. "To secure" might be better? Most states have info on your Tag that appears on the leos screen if you are a ccw.
 
I believe "seize" is the wrong wording. "To secure" might be better? Most states have info on your Tag that appears on the leos screen if you are a ccw. In a state that does not require a permit to carry concealed, I have never had a weapon "secured" . The statement "I have a gun IWB on my right hip" is usually enough to put them at ease. BG would not speak these words. As far as the "leo home invasion robbery thing", thats just crazy. ;)
 
If you want objective data on the subject, read the applicable Texas state laws.

If you want a lot of generalized input, post the question on a board like this.
 
I'm a Texas resident CHL holder and I've been stopped a few times since I got it. Most of them happen the same officer(city cop) talks to me and is kinda rude until I hand him my CHL and then his attitude changes and usally says sir i'm going to let you off with a warning. Then the state troopers who are pretty friendly always just talk to you and when you show them your a CHL holder they just say sir have a nice day and thank you for your cooperation. I have never had a LEO "sucure" my weapon.
 
Information for ordinary folk like me

Mike Irwin, could you please identify specifically where I can go to "read the applicable Texas state laws" "on the subject"?

I'd say that "trooper3385" did not here give a "generalized input". Further, I think "a board like this" is invaluable for ordinary folk like me.

Aren't the Constitution and Amendments - including the Second Amendment - the supreme law of the land, yet...;)
 
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