Texas Statutes
Subchapter H. License to Carry a Handgun
Section 411.207. Authority of Peace Officer to Disarm

Sec. 411.207. AUTHORITY OF PEACE OFFICER TO DISARM. (a) 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.
(b) A peace officer who is acting in the lawful discharge of the officer's official duties may temporarily disarm a license holder when a license holder 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 license holder's handgun. The peace officer shall secure the handgun in the locker and shall return the handgun to the license holder immediately after the license holder leaves the nonpublic, secure portion of the law enforcement facility.
(c) A law enforcement facility shall prominently display at each entrance to a nonpublic, secure portion of the facility a sign that gives notice in both English and Spanish that, under this section, a peace officer may temporarily disarm a license holder when the license holder enters the nonpublic, secure portion of the facility. The sign must appear in contrasting colors with block letters at least one inch in height. The sign shall be displayed in a clearly visible and conspicuous manner.
(d) In this section:
(1) "Law enforcement facility" means a building or a portion of a building used exclusively by a law enforcement agency that employs peace officers as described by Articles 2.12(1) and (3), Code of Criminal Procedure, and support personnel to conduct the official business of the agency. The term does not include:
(A) any portion of a building not actively used exclusively to conduct the official business of the agency; or
(B) any public or private driveway, street, sidewalk, walkway, parking lot, parking garage, or other parking area.
(2) "Nonpublic, secure portion of a law enforcement facility" means that portion of a law enforcement facility to which the general public is denied access without express permission and to which access is granted solely to conduct the official business of the law enforcement agency.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 10.01(a), eff. Sept. 1, 1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 572 (S.B. 1709), Sec. 1, eff. September 1, 2007.

Structure Texas Statutes

Texas Statutes

Government Code

Title 4 - Executive Branch

Subtitle B - Law Enforcement and Public Protection

Chapter 411 - Department of Public Safety of the State of Texas

Subchapter H. License to Carry a Handgun

Section 411.171. Definitions

Section 411.1711. Certain Exemptions From Convictions

Section 411.172. Eligibility

Section 411.173. Nonresident License

Section 411.1735. Protective Order Designation

Section 411.174. Application

Section 411.1741. Voluntary Contribution to Fund for Veterans' Assistance

Section 411.175. Procedures for Submitting Fingerprints

Section 411.176. Review of Application Materials

Section 411.177. Issuance or Denial of License

Section 411.178. Notice to Local Law Enforcement

Section 411.179. Form of License

Section 411.180. Notification of Denial, Revocation, or Suspension of License; Review

Section 411.181. Notice of Change of Information; Duplicate License

Section 411.182. Notice

Section 411.183. Expiration

Section 411.184. At-Risk Designation

Section 411.184. Training Course for Certain First Responders

Section 411.185. License Renewal Procedure

Section 411.186. Revocation

Section 411.187. Suspension of License

Section 411.1871. Notice of Suspension or Revocation of Certain Licenses

Section 411.188. Handgun Proficiency Requirement

Section 411.1881. Exemption From Instruction for Certain Persons

Section 411.1882. Evidence of Handgun Proficiency for Certain Persons

Section 411.190. Qualified Handgun Instructors and Approved Online Course Providers

Section 411.1901. School Safety Certification for Qualified Handgun Instructors

Section 411.191. Review of Denial, Revocation, or Suspension of Certification as Qualified Handgun Instructor or Approved Online Course Provider

Section 411.192. Confidentiality of Records

Section 411.193. Statistical Report

Section 411.194. Reduction of Certain Fees Due to Indigency

Section 411.195. Reduction of Certain Fees for Senior Citizens

Section 411.1951. Waiver or Reduction of Fees for Members or Veterans of United States Armed Forces

Section 411.1953. Reduction of Fees for Community Supervision and Corrections Department Officers and Juvenile Probation Officers

Section 411.1954. Waiver of Certain Fees for Certain Applicants Who Hold Cardiopulmonary Resuscitation Certification

Section 411.196. Method of Payment

Section 411.197. Rules

Section 411.198. Law Enforcement Officer Alias Handgun License

Section 411.199. Honorably Retired Peace Officers

Section 411.1991. Peace Officers

Section 411.1992. Former Reserve Law Enforcement Officers

Section 411.1993. County Jailers

Section 411.1994. State Correctional Officers

Section 411.200. Application to Licensed Security Officers

Section 411.201. Active and Retired Judicial Officers

Section 411.202. License a Benefit

Section 411.203. Rights of Employers

Section 411.2031. Carrying of Handguns by License Holders on Certain Campuses

Section 411.2032. Transportation and Storage of Firearms and Ammunition by License Holders in Private Vehicles on Certain Campuses

Section 411.204. Notice Required on Certain Premises

Section 411.205. Requirement to Display License

Section 411.206. Seizure of Handgun and License

Section 411.207. Authority of Peace Officer to Disarm

Section 411.208. Limitation of Liability

Section 411.209. Wrongful Exclusion of Handgun License Holder