Can police disarm you on your property

[forby]

So, let's say you hear a burglar walking around your property, you call 911 and investigate your outside areas with a pistol at the ready. You are soon greeted by police(who were already informed that the homeowner is armed). You holster your pistol when you heard the police arrive.

At the start of their investigation, they want to disarm you for their safety.

Can they do that?

[Valorius]

Do you mean legally speaking, or practically speaking?

Legally speaking, i'm not sure. Practically speaking...you bet.

People have been shot by police responding to an intruder/burglar/home invasion call and arriving at their house when the cops mistook the armed homeowner for the criminal.

Some of the stories are absolutely horrific, and the cop almost always walks. So either way, be careful.

[forby]

Thanks for the reply....

For the purpose of this discussion, I'd like to avoid the "cop shoots the homeowner" concept.

I'm really interested to know if there is a legal requirement to comply with a request in this situation.

[Statkowski]

If you're on your property and your handgun is holstered, you can always tell the requesting officer that you're declining his/her request.

Officer says: "But it's for everyone's safety."

Homeowner then says: "Great. You disarm, too. Seeing as how police kill more homeowners "accidentally" than the other way around, for everyone's "safety" we'll all disarm."

[ByblosHex]

AFAIK, unless you're being arrested you don't have to comply with any requests.

[knight0334]

You betcha. Hell, we had a member here that had all of his guns taken from him and his home when HE was the victim of domestic abuse.

[pamedic]

So, let's say you hear a burglar walking around your property, you call 911 and investigate your outside areas with a pistol at the ready. You are soon greeted by police(who were already informed that the homeowner is armed). You holster your pistol when you heard the police arrive.

At the start of their investigation, they want to disarm you for their safety.

Can they do that?

As far as I can tell from reading the forums, Yes, they can and have. But, there should be no reason that they would have to and it may be a infringement on your rights. If you are on your own property and aren't a know felon or doing something illegal like waving it around then there's no reason to disarm you. On the other hand there's always someone out there that doesn't know the laws or chooses to ignore them so that officer may try to disarm you for "safety". All you can do is tell them you do not conset to the seziure of you weapon. Don't argue and absoluley don't fight with him. Seems like that would be something that needs to be delt with by a judge at a later date. Again, IANAL and this is the info that I have picked up from the board. Please correct me if I'm wrong.

[Tootie]

If you're on your property and your handgun is holstered, you can always tell the requesting officer that you're declining his/her request.

Officer says: "But it's for everyone's safety."

Homeowner then says: "Great. You disarm, too. Seeing as how police kill more homeowners "accidentally" than the other way around, for everyone's "safety" we'll all disarm."

This is the only response that makes any sense. If we have gone through however many background checks to obtain our License/s and our firearm/s why should we be the ones to disarm. I know many "cops" that shouldn't even be allowed on the force and wouldn't be able to get a LTCF with their criminal history. I don't trust them if I don't know them "personally" so I would prefer, my property, you disarm too or they can leave.

[ungawa]

Let me get this straight. The cops know there is a burglar on the property before they respond. They see you lurking around outside with a gun. What are the chances YOU are the burglar? I'd say they are not in the single digits.

If you didn't want the cops to come and secure the situation then you shouldn't have called them.

What am I missing here?

[customloaded]

Private property rules and your the owner so you can set whatever rules you want.
1) Officer wants to disarm you for safety. Answer, No thanks, you may now leave my property. As the owner of the property, I am tell you to leave as you are now tresspassing.
2) If officer wants to stay, plainly state, No Firearms are allowed on my property unless express written consent by the owner, I am the owner and I did not give you express written consent to enter my property with a weapon. Officer, you are now free to leave my private property as you are now unwelcome.
3) Least we forget that the authority of police only go so far. They do not have the authority to trump home owner rights. Calling police for something does not mean, in my opinion, they have free access to do anything they want. You invited them, you can uninvite them. Like anyone once, you can give consent to be on your property and you can revoke that consent, unless certain facts can be proven. Serious felony had or is or is about to take place, etc...if no evidence of a serious crime, Cops told to leave, they gotta leave. If they need to come back, they can go get a warrant.

Now, I don't know if this applies to PA or not but in the many states where I've lived, it does. Knowing all the other fucked up anti citizen laws in PA, I some how get this feeling that the police, once there, can do any damn thing they want.

CL