Interaction With Law Enforcement
Police officers responding to a crisis situation have a duty to take control of the scene and the situation for their safety and the safety of everyone involved. In addition, the officers arriving at the scene may have limited information, and the information they have may be incorrect. If you were involved in the situation and had to shoot or display your handgun, you should consider various factors as you decide what to do next.
- What should you do with your handgun?
- If you keep it in your hand or where it is visible, will the officers know if you are a “good guy” or a “bad guy”?
- Should you unload your gun after a shooting?
- Should you re-conceal the gun or holster it?
- Each situation will be different. To decide what to do, you must consider the totality of the circumstances. This includes evaluating the following.
- Is there still an immediate threat?
- Is it safe to holster your handgun?
- Could you be mistaken as the “bad guy”?
- Upon their arrival at the scene, the officers may disarm you. Government Code §411.207: Authority of Peace Officer to Disarm states that a peace officer is authorized to disarm you anytime the officer reasonably believes that someone’s safety is at risk.
- If you are not arrested, the handgun and the LTC will be returned to you before you are discharged from the scene.
- If the officer arrests you and takes you into custody, the officer can take your handgun and LTC as evidence.