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  • MTA

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    From what I read on one of the other threads about the bill, Abbott is planning some sort of symbolic signing at the Alamo, and that it's being planned and set up?
    Idk man sounds like a pile of horseshit to me. He better wheel his ass over to SA and get it done then
     

    Axxe55

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    Last edited:

    alwho421

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    That link contains no poison pill amendments. In fact not even a link to the language of the law. So what poison pill amendments are you referring to?
    the fact that any cop at any time can relieve you of your weapon for how ever long they would like
     

    ScottDLS

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    the fact that any cop at any time can relieve you of your weapon for how ever long they would like
    Non-sequitur. Cite the section of the statute. While I would have preferred that language explicitly prohibiting disarming you during investigative stops had stayed in there, a LEO still has to have "reasonable, articulable suspicion that a crime has been or is about to be committed in order to detain you (Terry vs. Ohio). Nothing in the new law changes that. And nothing "(allows) any cop at any time can relieve you of your weapon for how ever long they would like". That is a silly, unsupportable contention.
     

    ScottDLS

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    toddnjoyce

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    Cite the section of the statute. …
    He’s referring the section 3 of HB1927 which implements changes to Code of Criminal Procedure. Details below:
    SECTION 3. Article 14.03, Code of Criminal Procedure, is amended by adding Subsection (h) to read as follows:
    (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.
    (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 where the peace officer can secure the person's handgun. The peace officer shall secure the handgun in the locker 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.


    That language is substantially similar to what’s been in 411.207 for license holders.
     
    Last edited:

    ZX9RCAM

    Over the Rainbow bridge...
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    But that's not to say that if I'm sitting on a park bench, then a cop just walks up to me and makes me give him my gun.
    I must have done something to warrant it, right.
     

    ScottDLS

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    He’s referring the section 3 of HB1927 which implements changes to Code of Criminal Procedure. Details below:
    SECTION 3. Article 14.03, Code of Criminal Procedure, is amended by adding Subsection (h) to read as follows:
    (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.
    (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 where the peace officer can secure the person's handgun. The peace officer shall secure the handgun in the locker 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.[/i[

    That language is substantially similar to what’s been in 411.207 for license holders.

    And per my post above the key language is: acting in the lawful discharge of the officer's official duties. And as the language is the same as it has been for LTC since 2007, I see no support for the contention that the new law allows you "be disarmed at any time for no reason...".
     

    ScottDLS

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    But that's not to say that if I'm sitting on a park bench, then a cop just walks up to me and makes me give him my gun.
    I must have done something to warrant it, right.

    That is what the Supreme Court says in Terry vs. Ohio. A LEO has no authority to randomly stop and detain people for any reason (like disarming you) unless they meet certain criteria.
     

    rotor

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    I think we need to give this some time to see if some LEO abuse their authority. We have a retired San Antonio LEO that claims those cops will stop and ID every open carry so we may see abuse of the system. I think we may see some problems but hopefully few and far between. I also think once the fad wears off we won’t see much open carry. Just my opinion.
     
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