Peace Officer Right to Disarm

Importantly, and regardless of all of the other changes made to the law that allow most people to carry handguns without a permit, HB 1927 amends Article 14.03 of the Texas Code of Criminal Procedure (CCP) to give peace officers a right to disarm a person at any time if the officer:

•    Is discharging the officer’s official duties; and
•    Reasonably believes disarming the person is necessary for the protection of the person, the officer, or another person.

The law requires the officer to return the handgun to the person who was disarmed before allowing the person to leave if the officer determines that the person is not a threat to the person, the officer, or others, and if the person is not arrested.