But the statute only applies to concealed handguns, not open carry rifles.
Funny, I doubt the cop even knew about the handgun when he asked him to hand over the rifle
§ 411.207. AUTHORITY OF PEACE OFFICER TO DISARM. A peace
officer who is acting in the lawful discharge of the officer's
official duties may disarm a license holder 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 that the
license holder is not a threat to the officer, license holder, or
another individual and if the license holder has not violated any
provision of this subchapter or committed any other violation that
results in the arrest of the license holder.
so its your position he couldn't ask him for the rifle? it just says disarm. i think whats gonna leave teethmarks is the presumption that he should as a license holder comply with those provisions that he agreed to when he got the license.
i think hes got no chance just on gp of selling the idea that the cop could not disarm him. he was a classic example of why its "less than wise" to pretend you are a lawyer on the side of the road, i do feel bad for his kid though. he made choices i would not have.