Before you read the rest of this post, please file it under my "Hollywood Squares Joke Answer" category...mgood wrote:I've been wondering about when an officer may disarm someone in their home.
Another discussion prompted me to ask here. See OIS today in Austin.
If I have committed no crime, and the LEO has no reason to suspect me of committing a crime, but he is at my door asking questions, does he have the authority to disarm me?
Hypothetical situation:
Something happens down the street.
I know nothin' about nothin' because I was in bed asleep.
Cops go up and down the street talking to neighbors looking for witnesses or anyone who may have information to shed some light on whatever it was that happened.
All I know is that someone woke me up by knocking on my door in the middle of the night. Before going to the door, I grab my gun. It may or may not be concealed. Depending on what's handy, I've been known to grab the shotgun, or just pull on my pants and stick a pistol in the back pocket (where it would not be easily noticed by someone in front of me).
I open the door and it's the cops. (If holding the shotgun, at this point I'd set it down, lean it against the wall or something.)
Now what?
If I happen to have a pistol in a holster on my hip, where he can see it, does he have a right to disarm me?
If it's in my back pocket and we talk for several minutes and then, for whatever reason I turn around and he sees it there, what about then?
If the scenario you described above happened to me, I'd grab my Joe Biden signature model double barrel and blast them through the door!!!!
