LEO Disarming Homeowner?

[stevie_d_64]

I would hypothetically "not" open my door...Because I just don't want a hypothetical law enforcement officer to see my gloriously hypothetical skivvies and t-shirt...I'm hypothetically kinda shy...

Hypothetically speaking of course...

[jimlongley]

I would hypothetically "not" open my door...Because I just don't want a hypothetical law enforcement officer to see my gloriously hypothetical skivvies and t-shirt...I'm hypothetically kinda shy...

Hypothetically speaking of course...

Don't be shy, son, in my post above, I should have mentioned, I guess, that I was wearing a terry cloth wrap, a skirt if you will, and a holstered 1911.

My standard house clearing attire, except sometimes I forget the wrap and mostly I don't wear the holster, I just figured if I was going outside I would look less threatening with my gun in a holster.

[cw3van]

Why would you open your door in the middle of the night without looking outside first to see who is there? I would never open my door without knowing who was out there at any time, let alone the middle of the night. If you did this in your hypothetical scenario you would see uniformed police officers and would hopefully use common sense to not answer the door holding a gun.

Please don't open your door without knowing who is on the other side & whatever you do don't open the door pointing a shotgun or any firearm at police that could be a horrible situation for everyone involved.

[recaffeination]

Ok, I am not saying I would do this or think it's a good idea. But, taking the OP's hypothetical situation, if the LEO says he wants me to put away the gun and I don't want to, what happens then? Something along the lines of:"Sorry, officer, I'm not putting my gun away. You can talk to me with it holstered or I can go back inside and you can leave." How's that gonna go over?

You could ask him to put his gun away in his car if he wants to talk to you.

[JKTex]

Why did you open the door?

I said it's a hypothetical situation.

Which is why hypothetical never produces much, except more hypothetical and hypothetical has no bounds.

[anygunanywhere]

Which is why hypothetical never produces much, except more hypothetical and hypothetical has no bounds.

Hypothetical has hypothetical bounds, which can markedly differ from life's reality bounds.

Anygunanywhere

[srothstein]

I think, as I posted in the thread on the shooting, that the answer is clear in the law. If you have a CHL, the law says that any officer may disarm you for his safety, your safety, or the safety of others. There is no limit in the law on the location. So, yes, an officer may disarm a CHL inside his house if they come into contact with you there for any reason.

I think the next logical question is if an officer has any legal right to disarm any person who is legally carrying under some other authority than a CHL.

[stevie_d_64]

I would hypothetically "not" open my door...Because I just don't want a hypothetical law enforcement officer to see my gloriously hypothetical skivvies and t-shirt...I'm hypothetically kinda shy...

Hypothetically speaking of course...

Don't be shy, son, in my post above, I should have mentioned, I guess, that I was wearing a terry cloth wrap, a skirt if you will, and a holstered 1911.

My standard house clearing attire, except sometimes I forget the wrap and mostly I don't wear the holster, I just figured if I was going outside I would look less threatening with my gun in a holster.

I could almost see, to great horror, that terry cloth wrap falling to the deck if you had to draw...

At which point you could be arrested and charged with failure to conceal...

[brainman]

At which point you could be arrested and charged with failure to conceal...

Ah, yes. The infamous "Brandishing".

[texanjoker]

I would hypothetically "not" open my door...Because I just don't want a hypothetical law enforcement officer to see my gloriously hypothetical skivvies and t-shirt...I'm hypothetically kinda shy...

Hypothetically speaking of course...

Don't be shy, son, in my post above, I should have mentioned, I guess, that I was wearing a terry cloth wrap, a skirt if you will, and a holstered 1911.

My standard house clearing attire, except sometimes I forget the wrap and mostly I don't wear the holster, I just figured if I was going outside I would look less threatening with my gun in a holster.

I could almost see, to great horror, that terry cloth wrap falling to the deck if you had to draw...

At which point you could be arrested and charged with failure to conceal...

hypothetically you will get tased for brandishing a stick gun

[KC5AV]

I would hypothetically "not" open my door...Because I just don't want a hypothetical law enforcement officer to see my gloriously hypothetical skivvies and t-shirt...I'm hypothetically kinda shy...

Hypothetically speaking of course...

Don't be shy, son, in my post above, I should have mentioned, I guess, that I was wearing a terry cloth wrap, a skirt if you will, and a holstered 1911.

My standard house clearing attire, except sometimes I forget the wrap and mostly I don't wear the holster, I just figured if I was going outside I would look less threatening with my gun in a holster.

I could almost see, to great horror, that terry cloth wrap falling to the deck if you had to draw...

At which point you could be arrested and charged with failure to conceal...

hypothetically you will get tased for brandishing a stick gun

Yes, but what if there were no hypotheticals?

[Keith B]

OK folks, back on the real topic and drop the innuendos.

[RottenApple]

I think, as I posted in the thread on the shooting, that the answer is clear in the law. If you have a CHL, the law says that any officer may disarm you for his safety, your safety, or the safety of others. There is no limit in the law on the location. So, yes, an officer may disarm a CHL inside his house if they come into contact with you there for any reason.

I think the next logical question is if an officer has any legal right to disarm any person who is legally carrying under some other authority than a CHL.

I disagree. Charles has explained the authority issue many, many times before. While you may have a CHL, you are not carrying under its authority while on your own property.

[Scott in Houston]

I would hypothetically "not" open my door...Because I just don't want a hypothetical law enforcement officer to see my gloriously hypothetical skivvies and t-shirt...I'm hypothetically kinda shy...

Hypothetically speaking of course...

Don't be shy, son, in my post above, I should have mentioned, I guess, that I was wearing a terry cloth wrap, a skirt if you will, and a holstered 1911.

My standard house clearing attire, except sometimes I forget the wrap and mostly I don't wear the holster, I just figured if I was going outside I would look less threatening with my gun in a holster.

I could almost see, to great horror, that terry cloth wrap falling to the deck if you had to draw...

At which point you could be arrested and charged with failure to conceal...

Edited my bad joke out... lol

[Scott in Houston]

OK folks, back on the real topic and drop the innuendos.

Doh! I posted before I saw this. My apologies.