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CPL and Police Welfare Checks

Discussion in 'Carry Issues' started by BFN, Oct 30, 2011.


  1. BFN

    BFN
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    My wife and I have a handicapped son, and for years we have dealt with many federal and state employees. Most are helpful and nice, but inevitably we encounter an employee who has their own agenda about how we should be raising our son. We had our first police "welfare check" two years ago, there was no issue and no written report was issued.

    Recently, we had another welfare check, again with allegations from a state worker which were unfounded, and no written report was issued. I was not at home with either police visit. My wife and I both have clean records, don't drink, etc.

    I have a Concealed Pistol License. Am I required to disclose the CPL to police during a welfare check? If not required, should I disclose it anyway? I usually don't carry in the house. WA State residence.
     

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  2. kensteele

    kensteele
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    My Internet opinion: If you are not required by law, you should not disclose it in your own home.
     

  3. NMG26

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    No. Even if they ask I would not see what it would be of their business.

    "Do you have any guns in the house"?

    "Yes, in my back pocket, as a matter of fact".:cool:

    I can not imagine them being remotely interested.
     
    #3 NMG26, Oct 30, 2011
    Last edited: Oct 30, 2011
  4. RussP

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    Your questions would be better answered by an attorney specializing in these types of situations. They would also be able to advise you about the welfare checks. If someone is fabricating charges and it can be proved, they need to not be in the system.

    I'm going to suggest to others responding that they use caution in giving advice. If you have experience with this type of situation, fine, but if you do not, be careful.
     
  5. Sam Spade

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    OT. You need to start asking for the responding officer to write things down. He's thinking "this is a big ol' nothin'", and he's right. The problem is that he doesn't realize that it's a recurring nothing, and a paper trail may be needed at some point.

    Be polite. "Officer, this is the third call for the same silly thing. Could you please document what you've seen so that I can refer to it the next time it happens?"
     
  6. Manolito1

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    I am not an attorney!! There is somebody in the system that does not agree with something you are doing and they are working a progressive action to impose their will on you. As said by Mr. Spade make sure the incidence is documented and then find out who filed the complaint and proceed to their supervisor. Do you fall into the category protected by EEOC? If so file a formal complaint immediately. You have raised your son for years without incident then along comes prejudice no name and has caused a great deal of harm within my family. Not fighting back early is a big mistake and you can find yourself in a hearing with an empty note book and the state or fed has a two to four year paper trail. Remember I am not an attorney and this is a dangerous place you are putting yourself and family.
    Respectfully,
    Bill
     
  7. cjklotz436

    cjklotz436
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    If you are carrying when speaking to the Police, let them know. You don't want to officer to be suprised when/if they see the gun "hidden" on your person. Especially, if your hand is anywhere near it. Family matters i.e. domestics, child abuse investigations, welfare checks and the like tend to be very emotional and put officers in harms way many times which is why if you are carrying it is best to let them know so, they are not suprised by your gun/

    If not carrying, no reason to disclose, nor would they care.
     
  8. BFN

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    My wife and I are always respectful of LEO's. I doubt if there is a definative ruling that presides over permits and welfare checks, unlike traffic stops. I can understand how it could become a tense situation. I am getting an attorney, unfortunately this will cost a lot of money. Proving that allegations are false seem to have no effect on the accuser. I have tried to identify the initiator of the police calls, the police won't disclose and the person I think is responsible will not admit to it.

    Welfare checks allow law enforcement to bypass the 4th amendment, they cannot be stopped from entering a home. It is my understanding there must be an emergency situation - which was clearly not the case in both our instances.

    Last post - appreciate the responses.
     
  9. Bruce M

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    The Fourth Amendment reads that "The right of the people to be secure... against unreasonable searches..." I am not sure there is a bypass, as much as various opinions that if there is a reasonably credible complaint questioning someone's welfare, a check that may require entry is reasonable.
     
  10. Unistat

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    Keeping in mind what Russ has said, I might add something to this thread.

    OP, your answer is going to vary state by state, but since you use the term "CPL" I am going to give you my understanding of Michigan law.

    In Michigan, we have a duty to inform police if we have a gun only at traffic stops. There is no requirement for you to inform the police that you have a gun when you are in your own home, whether you have a CPL or not. Nor is there a requirement to inform police that you have a CPL at a traffic stop when you are not carrying.

    Now me personally, I inform the police if I am carrying any time I am interacting with them in a manner that is not a consensual contact. The sole exception to this is when they have come to my home at my request.

    Of course the one time I had to call the cops to my house because of a neighbor, I had Guns & Ammo and American Rifleman magazines sitting on my coffee table, so he probably figured out there were guns in the house.
     
    #10 Unistat, Oct 31, 2011
    Last edited: Oct 31, 2011
  11. JYogi

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    Ask an attorney in your state as the answer varies by state
     
  12. Lord

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    +1 In TX, anyone can call the police and ask for a welfare check. A former friend and his wife were in a spat, and he called welfare checks on her 3 times and those calls were totally unwarranted. he was just being a d*** and even told me so.

    You should get a case number each and every time. Even if the LEO doesn't intend to document anything because he finds nothing, you can request a case number to be filed.
     
  13. maddy345

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    Coming from a prior LEO.....unless it is the law to notify in your home then then No. Don't uter a single word about it.

    I would suggest as has been mentioned already to get soem legal advice on how to deal with the repeat allegations.
     
  14. RightYouAreKen

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    Wa doesn't require you to notify during traffic stops unless specifically asked by the officer, so I'd be surprised if it any different in your own home.
     
  15. IT0

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    Subbed for outcome.