I guess my post above was a rhetorical question.
I don't expect anybody to answer because really, there is no good answer.
GC §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 hold er, 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.
should really be broken into two laws the first of which could be called, like it is, "AUTHORITY OF PEACE OFFICER TO DISARM"
The second title and that which is emboldened should be titled "REQUIREMENT OF PEACE OFFICER TO REARM" Of course we will not see that title.
Some might say that unnecessary handling of another's firearm could be unsafe and result in "Accidental Discharge". (If the citizen does it, it's call "Negligent Discharge") That argument is a two edged sword. If we are concerned about ADs, then, why the heck is the cop unloading the piece in the first place? Ha, two edged sword.
What I suspect to be the real answer unless there are some cops who fear a lawfully armed subject (which there could be) is that it's a power thing.
Yes, Disarming the "subject" teaches the citizen the proper level of humility.
Returning the citizen's piece might be construed to suggest that the public servent was perhaps needlessly frightened of his employer, the citizen and is showing the proper level of respect and in effect apologizing for his treatment.
No, we couldn't have that.
Back in 2003 I was arrested for committing a lawful act and chained to a bench for 2 hours while the PTB tried to figure out what to charge me with. When they finally released me with the stern admonishment not to return to the airport with a lawfully carried firearm, they returned my piece to me in a cardboard box with the slide removed but with the bullets still in the magazine. All in one box. That was pretty brave of them, don't you think?
I will reiterate;
I committed a lawful act.
I was arrested and falsely imprisoned.
I was released with no charges.
My piece was returned disassembled (I guess to protect the leos from a nd)
Instead of an apology I was given a stern admonishment.
Yes, it was a rhetorical question.