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by steveincowtown
Tue Apr 09, 2013 2:14 pm
Forum: General Texas CHL Discussion
Topic: LEO Disarming Homeowner?
Replies: 68
Views: 10218

Re: LEO Disarming Homeowner?

Scott in Houston wrote:
EEllis wrote:

Which statute? For what?


This is why nobody on this thread agrees with you. An officer would need support, by law, to take this action against a citizen who is not suspected of a crime on his/her own property.
You are just flat out wrong... sorry, but until you can give something other than intangibles and platitudes and terms like "reasonable" and "justifiable", you cannot be taken very seriously by anyone who has researched and understands where our rights come from. LEO cannot infringe our rights, without justification under the law... not policy, not opinion... the law.

"Cannot", "Do Not", and "Should Not" are very, very, very different things.

An LEO's perceived authority and authority under the law are very, very different things.

Example:

LEO: Knock Knock

Homeowner: Hello, what can I do for you.

LEO: First, could you disarm for both our safety and then step outside so we can chat.

At this point the LEO is standing in someone's doorway, with a badge, in a uniform, and giving what 90% of society is going to perceive as a lawful order. Most folks just aren't going to stand up and say "well, actually I do mind."
by steveincowtown
Wed Mar 20, 2013 2:04 pm
Forum: General Texas CHL Discussion
Topic: LEO Disarming Homeowner?
Replies: 68
Views: 10218

Re: LEO Disarming Homeowner?

EEllis wrote:Basically you follow orders and if you think someone went to far you then look at your possible avenues for redress.

Good point. To avoid that interaction I think the complete scenario should play out like this.

(Knock, Knock) FWPD, we would like to talk to you about one of your neighbors.

(Knock, Knock) FWPD, please come to the door.

(Knock, Knock) FWPD, Hello?


(Chirp, Chirp, Chirp<---sound of crickets)
by steveincowtown
Wed Mar 20, 2013 9:09 am
Forum: General Texas CHL Discussion
Topic: LEO Disarming Homeowner?
Replies: 68
Views: 10218

Re: LEO Disarming Homeowner?

stevie_d_64 wrote: "Officer(s), I would like to clear and safe my weapon, if you don't mind, I wasn't expecting you to be the ones knocking on my door at 3am, and I want to assure you that I want this to be as safe an interaction as can be had at this point..."
Safe= in the holster. I can see touching your weapon as the point of the start of great confusion.

As for me and my house.....

Feel free to knock on my door anytime. I may answer, I may not.

If/when I do answer I will be armed (OWB in a holster at a min.) If the police or anyone else takes offense to that, they will be invited to leave my property.

No disrespect to any LEO, but my gun in my holster is no more dangerous than an LEOs gun in their holster. Someone else quoted an LEO encounter where the LEO said "Hey buddy, I have no problem with you sidearm...just don't show me yours and I won't show you mine."

If an LEO has approached me to gain information about a crime in which I have no involvement they will not treat me like a criminal by disarming me and expect me to answer any of their questions.

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