Open carry within residence during search?

[mchiment]

The recent events in Boston, where a dangerous terrorist was running around a suburban neighborhood while SWAT officers went door-to-door talking with residents (and in some cases searching homes, apparently) has me wondering about the following:

If a dangerous felon or suspect was on the loose in my neighborhood and I chose to wear my sidearm within my residence to protect my family, if a LEO comes to the door to ask a question, can I answer the door with my sidearm in the holster? Even if I can legally, is this inadvisable?

Thank you.

[Bob Hostetter]

No, probably not smartest thing you could do.

[delta9]

The recent events in Boston, where a dangerous terrorist was running around a suburban neighborhood while SWAT officers went door-to-door talking with residents (and in some cases searching homes, apparently) has me wondering about the following:

If a dangerous felon or suspect was on the loose in my neighborhood and I chose to wear my sidearm within my residence to protect my family, if a LEO comes to the door to ask a question, can I answer the door with my sidearm in the holster? Even if I can legally, is this inadvisable?

Thank you.

Either let them know though the closed door that you are armed or put the gun away before opening the door

[retired]

It is safe to say, I believe, the OP is directing his question to the leos on this site since this is posted in the leo forum. It appears from the responses given, other than the first answer, those answering are probably not leos. A recommendation to talk to the leo outside from the window is not an answer a leo would give. The first reply, even if not from a leo, is spot on.

So, unless you are a leo, active or retired, please refrain from responding so the OP can obtain leo responses only. Thank you.

[Notorious]

It is legal, absolutely legal, to have your gun on you inside your residence if you are not otherwise prohibited to possess firearms.

It is also not the best course of action when LEO's are looking for a terror suspect with their weapons out.

If you know LEO's are knocking on your door, you better let them know ahead of time you have a gun and keep your hands far away from the gun and only do as directed for the duration, when you open the door. Be ready for a very tense few minutes until the LEO decides what they want, most likely disarm you, and not in the most convenient or comfortable way either.

Best advice, have your ID ready to establish who you are and that you live there, and put the gun away before you open the door. You can always retrieve it immediately after they leave.

[IA300]

It is legal, absolutely legal, to have your gun on you inside your residence if you are not otherwise prohibited to possess firearms.

It is also not the best course of action when LEO's are looking for a terror suspect with their weapons out.

If you know LEO's are knocking on your door, you better let them know ahead of time you have a gun and keep your hands far away from the gun and only do as directed for the duration, when you open the door. Be ready for a very tense few minutes until the LEO decides what they want, most likely disarm you, and not in the most convenient or comfortable way either.

Best advice, have your ID ready to establish who you are and that you live there, and put the gun away before you open the door. You can always retrieve it immediately after they leave.

What he said ^^^^^ for sure!

[mchiment]

Thank you all for your replies, especially Notorious.

[Petro6golf]

I totally understand your concern and even support it but know that if I come to your house and you have a gun on your hip, theres a good chance you will have a gun pointed at you and draw unwanted attention to yourself.

[cvc04]

You do not have to answer the door. They cannot come into your home without a warrant or exigent circumstances. Exigent circumstances mean they have a reason to believe that the perpetrator entered your home i.e they or a witness saw them enter. If you do answer your door it would be more than wise to put away your weapon first.

[CBR_rider]

Notorious answered it... Verify who is at your door, state that you are armed, and ask what they want you to do. Unlike some (not you, OP), this really isn't a complicated scenario.

I have contacted many homeowners who were armed at the time I knocked on their door (this is more common the later the hour is I am knocking on their door). After verifying that I am law enforcement, I give them a minute to set the gun down/hand it to someone else and we can go over whatever it is we need to discuss. I have yet to have anyone whine and complain about me asking them to NOT keep their .45 in their hand while I ask for a key to their back gate so we can search for a carjacking suspect.

[V]

Just to clarify.... he's not saying answering the door with a drawn gun in hand. He's saying he opens the door in his typical in-home attire.... which happens to include a holstered firearm. To me, and I'm sure many others, a holstered arm is "put away".

What about those who carry concealed while at home. I'm just going to answer the door and answer your questions everyone happy?

[Notorious]

You do not have to answer the door. They cannot come into your home without a warrant or exigent circumstances. Exigent circumstances mean they have a reason to believe that the perpetrator entered your home i.e they or a witness saw them enter. If you do answer your door it would be more than wise to put away your weapon first.

If there is a terrorist in the neighborhood and we are looking for him door to door, you gonna be the one guy who is going to be difficult about it and play the warrant game?

[delta9]

If there is a terrorist in the neighborhood and we are looking for him door to door, you gonna be the one guy who is going to be difficult about it and play the warrant game?

You refer to the 4th Amendment as a game?

[delta9]

Thank you for also playing the "twist my words into fitting your exaggerated anti-LEO agenda" game.

I don't have any anti-LEO "agenda". I have great respect for the police, have several long time close friends who are LEO, and have studied administration of justice in college. I generally, do not open my door for strangers including the police unless I have called them and even then I will meet them outside. In the Boston searches there were homeowners who "opened the door just a smidge, acted normal" who were ordered out of their houses at gunpoint - that's not going to be me and if some terrorist did somehow manage to be in my house he would likely be having a very bad day long before the PD arrived

[Ron-Solo]

Some of these non LEO responses clearly show how clueless some people really are about the 4th Amendment and the numerous incidence of case law involving it.

If I was justified in searching your house, there is no way you would remain armed while the search is being conducted.