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Deny LEO his weapon inside residence

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  • haole_50
    Senior Member
    • Mar 2011
    • 916

    Deny LEO his weapon inside residence

    Do I, as a property owner have the legal right to deny a LEO from entering my resident with his weapon? Since this is my property, I can make my "laws" to protect my rights and family. Otherwise, I greet LEO at the door and go outside, even if they ask to come in. (This is just a question that I've been wanting to ask). New to the board, long-time gun owner, and am really enjoying all the information on-board.
  • #2
    RandoCammando
    Junior Member
    • Sep 2008
    • 89

    Im curious also

    Im leaning towards NO for officer safety

    Comment

    • #3
      Surf & Turf
      Senior Member
      • May 2010
      • 770

      No LEO will EVER release his weapon like that!

      Comment

      • #4
        QQQ
        Senior Member
        • Apr 2010
        • 2243

        Just don't let them in. Problem solved.
        But I have a feeling that they probably wouldn't leave their guns out of their control; there's probably safety regulations about that.
        If they have a warrant then they're coming in with their guns no matter what you say.

        Comment

        • #5
          Untamed1972
          I need a LIFE!!
          • Mar 2009
          • 17579

          It would depend on why he was coming in. If he is there on official busniess investigating a complaint or serving a warrant....then no you can't.

          If it is some kind of consentual encounter, then you can deny them entry.....which is always the best course of action anyway.
          "Freedom begins with an act of defiance"

          Quote for the day:
          "..the mind is the weapon and the hand only its extention. Discipline your mind!" Master Hao, Chenrezi monastery, Valley of the Sun

          Comment

          • #6
            MAC USMC
            Senior Member
            • Jan 2009
            • 1020

            Why would you want to do that in the first place? No police officer would go along with that since he/she would be suspicious as to your motivations and intent. Besides being rather ridiculous, it comes across as anti-law enforcement and a possible set-up scenario.

            If the officer has a warrant, is in pursuit of someone who ran inside your place or has a reasonable suspicion there is a felony in progress then entry with or without your permission is lawful.

            You do not provide enough information to clarify what your real purpose might be. Are you running a test or playing a cat and mouse game?

            Comment

            • #7
              Farva
              Senior Member
              • Apr 2008
              • 844

              Good luck with that. Even if in theory you were legally able to make LEO disarm before entering your home they would never do it.

              You know how you keep cops guns out of your home? Dont let them in...
              Free Candy

              Comment

              • #8
                Fjold
                I need a LIFE!!
                • Oct 2005
                • 22976

                What gives you any idea that just because it's your property, you can make up your own laws?

                Can you make your own laws to legalize murder in your house?
                Frank

                One rifle, one planet, Holland's 375




                Life Member NRA, CRPA and SAF

                Comment

                • #9
                  Tripper
                  Calguns Addict
                  • Jan 2011
                  • 7628

                  No fjold sounds more like it's a
                  my house my rules thing
                  Rules in my house are the law 'in my house'
                  WTB NAA Belt Buckle
                  MILITARY STRETCHER/RADIATION DETECTION KIT

                  Comment

                  • #10
                    MikeH1
                    Senior Member
                    • Jun 2007
                    • 1045

                    Originally posted by Tripper
                    No fjold sounds more like it's a
                    my house my rules thing
                    Rules in my house are the law 'in my house'
                    That applies to your kids, not LE. They would suspect you were trying to set them up, and it would only go south from there.

                    Comment

                    • #11
                      PsychGuy274
                      Veteran Member
                      • May 2010
                      • 4289

                      Originally posted by haole_50
                      Do I, as a property owner have the legal right to deny a LEO from entering my resident with his weapon? Since this is my property, I can make my "laws" to protect my rights and family. Otherwise, I greet LEO at the door and go outside, even if they ask to come in. (This is just a question that I've been wanting to ask). New to the board, long-time gun owner, and am really enjoying all the information on-board.
                      Yes, you have the right to request that they relinquish their weapons before entering your property granted they're not entering due to exigent circumstances or serving a warrant.

                      Personally, I think that would be a pretty stupid thing to ask of them and if I was a cop I'd probably either ask you to come outside instead of me going in or I'd just leave.

                      I had kind of the opposite experience where I called officers to my apartment to investigate a possible crime in progress and when I answered the door I was carrying my pistol on my hip. I wasn't trying to be Rambo; I carry at all times in my home and just don't realize that it's there anymore. They asked me to disarm. I calmly explained that I prefer not to and went on my mini schpeal about it. I told them that if they really felt that uncomfortable about it, that I would disarm for their comfort. They changed their minds and came in anyways. They investigated the possible crime and then we talked about guns for a little bit until they got another call.
                      I am a law enforcement officer in the state of Colorado. Nothing I post is legal advice of any kind.

                      CLICK HERE for a San Diego County WIN!

                      CLICK HERE to read my research review on the fight-or-flight response and its application to firearm training

                      Comment

                      • #12
                        fmhemker
                        Junior Member
                        • Feb 2011
                        • 36

                        Originally posted by haole_50
                        Do I, as a property owner have the legal right to deny a LEO from entering my resident with his weapon? Since this is my property, I can make my "laws" to protect my rights and family. Otherwise, I greet LEO at the door and go outside, even if they ask to come in. (This is just a question that I've been wanting to ask). New to the board, long-time gun owner, and am really enjoying all the information on-board.
                        If she's collecting for the Police Officer's Benevolent Fund, then yes.

                        If she's serving a warrant, has reason to believe that a crime has been committed, or is otherwise legitimately exercising her police power under the 10th Amendment to the Constitution, then no, you can't.

                        Comment

                        • #13
                          stix213
                          AKA: Joe Censored
                          CGN Contributor - Lifetime
                          • Apr 2009
                          • 18998

                          "Sorry officer, this is a gun free zone. You'll have to disarm before you come in"

                          Comment

                          • #14
                            norcal01
                            Member
                            • Feb 2010
                            • 189

                            It all comes down to whether or not they need your permission to enter. If they have a warrant, are pursuing someone who ran inside or some other exigent circumstances exist then they are coming in whether you like it or not and they will be bringing their guns with them. Without a warrant or other other lawful reason to enter then LEOs do need your permission to enter. You can ask but as was mentioned above they will probably ask you to talk outside or just talk to you at the door.

                            Comment

                            • #15
                              TurboChrisB
                              Calguns Addict
                              • Mar 2010
                              • 5116

                              Hahahahaha


                              Originally posted by stix213
                              "Sorry officer, this is a gun free zone. You'll have to disarm before you come in"

                              Comment

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