Did I Do Right?

You can make the argument that the requirement to inform disappears when you enter your home but it's not because you're "not carrying" anymore.

In a practical sense, one would still be carrying, but in the more important legal sense one is not ccw in their home because it infers a legal state other than totally free in the privacy of my own home or dwelling.

It all depends on circumstances, but for the most part, whether you carry arms or not around your home is none of their business. We should be careful to not let the police in our homes at all, keeping in mind that their job is to spot violations of statute, and legally their eyes can not trespass so if you let them in...anything you say or they see can and will be used against you blah blah blah.

It's not being disrespectful to the Police to be mindful of their goals and authorities and politely declining to play volunteer my rights away and disarm in my own home to discuss a 5 yr olds fight? Give me a break. :D

On the street it's a different story and it pays to be cooperative, mostly. At home, it pays to say no to the Police.
 
I would've said nothing about my CCW, but I wouldn't have had a problem with unloading my CCW while the Officer is doing his job if he asked. I don't really see how the house bit has anything to do with it - it is the same wherever you are for the most part. When I am in my car, the state law might see that as my 'house' too @ least for legal purposes. Usually when cops come to your house(depending on the situation), they'll ask if you have any weapons on you. He probably just hadn't gotten the chance in this case yet.

all the best
 
There might be privacy or private property arguments but you aren't magically "not carrying" the gun that's still strapped to your hip just because you cross your threshold.


Carrying does not change, but the legal authority to carry can certainly change. Nearly every state allows unlicensed carry either in a person's residence or on their own property. If a person can carry in those locations without a license, it would be very difficult to argue that the possession of a license imposes additional obligations on that legal authority (unlicensed carry). Step outside the locations where unlicensed carry is permitted, and the authority to carry comes from a different legal source, possibly involving an obligation to inform.

Again, I am not really getting the 'legal authority' bit. A cop can't search my car without probable cause or a warrant either. That doesn't mean he can't Expect an honest response when he/she asks if I have any weapons on me. My CCW says I can carry; yet during that moment my CCW might or might not be unloaded on the top of my car depending on the Officer. At the house, he probably wasn't even forceful and maybe just said the first thing that came to his mond to solve the problem so both he and the homeowner could move on. I mean, the OP let the cop in his house, told him he had a weapon immediately, and didn't seem to have any problem with disarming. His original post leads to the fact that he was sortof in a way askign the cop what he wanted him to do about his CCW. Personally, I don't have any problem with the way the OP handled business; that is not what I am saying. Depending on the state though, the LE could be biased over a kid, gun statement call and then to find out the dad is carrying. stupid I agree if that is the case. It can open up a can of worms though and I don't think he should have to inform here. I would be honest if asked though.
 
You appear to miss my point.

By removing the weapon from my person and conducting the interview outside the home, you eliminate all of the issues being discussed.

You prevent an overly aggressive officer from expanding the situation.

Believe it or not Cops LIE. They routinely perjure themselves. They do this with impunity.

All you have to do is review the CAnton ohio thread.
 
" It's not being disrespectful to the Police to be mindful of their goals and authorities and politely declining to play volunteer my rights away and disarm in my own home to discuss a 5 yr olds fight? Give me a break.

On the street it's a different story and it pays to be cooperative, mostly. At home, it pays to say no to the Police. "

The 5 yo threatened to have their dad come out and shoot the other kid in the scuffle. By telling the cop they had a gun on then , then disarming, it showed they were non aggressive. It sends the message that the kid mouthed off and the dad was unlikely to actually go out and shoot the other kid. Remember, early on in the conversation the cop does not know if the person in the house is really going to shoot the other kid or not.

Remember the guy on a bus that told someone not to beat their kid then at the next stop the parents friends sprayed the bus with bullets? The cop has to be ready for anything.

Now, the cold dead hands crowd that recommends telling the cop tough s it GOING to get treated as a hostile person with a attitude. ( Hint, the Calvin peeing on something stickers on their truck does nothing to help the cause either )
 
It can open up a can of worms though and I don't think he should have to inform here.

There are two different questions being discussed in this thread: whether it was (or would be) prudent to voluntarily inform the officer in the situation described, or; whether it is legally required to inform an officer if you are carrying in your home or on your property. The answers to those two questions are not necessarily the same.
 
I've been some kinda Cop for over 34 years. If I'm making some sort of contact with you I'd appreciate knowing that you're armed. IF you seem upset or mad I'd want your gun secured. If not, I don't care if you have it on you. We do have to investigate all complaints no matter have minor they might seem. It what we do. Often real minor stuff gets out of hand without an Officer/Deputy to smooth things out.
I don't know this Officer's Department Policies. He didn't seem to abuse the OP, Asking the Op to disarm himself just to ensure both of their safety could be a good way of controlling the situation until the Officer really knew what was going on.
I will say that knowing your local Officer/Deputy helps when you do have him show up at the door. Make the effort to meet yours if you get the chance.
 
Back
Top