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If a solicitor knocks and I answer my door while cleaning my gun, am I brandishing?

4,425 Views | 32 Replies | Last: 9 mo ago by GeorgiAg
Bpriefert
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5:35p, 12/26/23
Just a theoretical and legal here. Say a suspicous pair of hooded dudes show up at my door at 2pm on a weekday when I have all my vehicles in my garage, during my cleaning of my Glock 17.

In order to avoid "brandishing", must I set it down on my workbench before answering my front door or may I casually hold it (not waving it or anything, just at my side) while standing in my foyer and opening my door on my property?

Or is this a gray area and more for a judge to decide?
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AgResearch
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5:39p, 12/26/23
AG
Don't open the door
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JohnLA762
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5:40p, 12/26/23
AG
Yeah, you're going to go to jail…
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4
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5:43p, 12/26/23
AG
In your own home? In Texas? Where it's legal for non felon adults to open carry a gun in public? How can open carrying a gun inside your own home be a crime?
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agfan2013
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5:49p, 12/26/23
AG
I have no idea legally, but can offer you what I'd do since I basically had something like that happen to me.

Circa 2014 or 15, I'm living at a house in the country by myself. House isn't too far back from the county road, but isn't close either, didn't have a gate at the time.

One day I'm not expecting any company and had most of my guns (10+) out of the safe to clean and take photos for insurance. Had all of them laid out on the living room floor when I hear a knock at the front door. I decided answering probably wasn't the best option, and when I looked out the window after a minute, it was a couple of Jehovah Witnesses walking back to the road… might have been an interesting discussion had I opened the door.
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zooguy96
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In reply to agfan2013 • 5:53p, 12/26/23
AG
agfan2013 said:
I have no idea legally, but can offer you what I'd do since I basically had something like that happen to me.

Circa 2014 or 15, I'm living at a house in the country by myself. House isn't too far back from the county road, but isn't close either, didn't have a gate at the time.

One day I'm not expecting any company and had most of my guns (100+) out of the safe to clean and take photos for insurance. Had all of them laid out on the living room floor when I hear a knock at the front door. I decided answering probably wasn't the best option, and when I looked out the window after a minute, it was a couple of Jehovah Witnesses walking back to the road… might have been an interesting discussion had I opened the door.


FIFY.
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water turkey
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In reply to AgResearch • 6:35p, 12/26/23
AgResearch said:
Don't open the door


Never, especially for relatives….
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Hehateme1
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6:53p, 12/26/23
What a stupid troll thread

Flagged
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Bpriefert
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In reply to Hehateme1 • 7:02p, 12/26/23
Hehateme1 said:
What a stupid troll thread

Flagged

Um, how so? Or are you one of those who call everyone/thread you don't like a "troll"?

Reference of same topic, different forum where mature people engage in dialog:

https://www.1911forum.com/threads/can-you-answer-your-door-with-your-gun-exposed.20124/
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DannyDuberstein
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7:16p, 12/26/23
AG
I don't answer the door for anyone I don't know. Dilemma solved. They are either trying to sell me something, pitch some political or religious message I don't want to hear, or rob me. It's all lose-lose-lose for me.
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FSGuide
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7:22p, 12/26/23
Holding a gun in your hand at your side does not fit the definition of brandishing
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2wealfth Man
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In reply to 4 • 7:22p, 12/26/23
AG
4 said:
In your own home? In Texas? Where it's legal for non felon adults to open carry a gun in public? How can open carrying a gun inside your own home be a crime?
maybe in Harris or Travis county they can make that happen
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Lonestar-aught-six
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7:42p, 12/26/23
I answer the door for anyone I don't know with a gun. I don't understand the issue.
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Jason_Roofer
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In reply to Bpriefert • 8:02p, 12/26/23
Bpriefert said:
Just a theoretical and legal here. Say a suspicous pair of hooded dudes show up at my door at 2pm on a weekday when I have all my vehicles in my garage, during my cleaning of my Glock 17.

In order to avoid "brandishing", must I set it down on my workbench before answering my front door or may I casually hold it (not waving it or anything, just at my side) while standing in my foyer and opening my door on my property?

Or is this a gray area and more for a judge to decide?
I don't know what the law is, but I have absolutely had people answer the door with firearms, some people are a little more....frustrated...than others. It doesn't particularly bother me and I don't at all consider it brandishing. They are in their home. They can do whatever the heck they want as far as I'm concerned. I'd prefer they didn't point it at me, but otherwise, I don't see how it's illegal at all.

Here is a pic of a sign that one of my reps saw...this guy has given us all clear communication and we can now use it how we wish.



Now, my opinion from a practical standpoint is....don't open the door with your weapon. While I am a normal law abiding fella, you have opened your door and at least told me that you own a minimum of one weapon, and most everyone I know that owns one, owns several, which means maybe i need to come check out that house another time during the holidays when you aren't home. I'd either pack that weapon under my shirt or leave it. Personally, I do not like strangers to be able to ascertain anything about my personal life from knocking on my door. I don't do political flags. I don't for 'come and take it' flags/signs I don't even do 'calvin peeing on chevrolet' stickers. LOL. I do American flags, and Texas Flags, and my Alumni stickers, which I have had peeled off my truck by jerks, BTW.

I think the 'don't answer the door' is the best option.
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PharmD4
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8:50p, 12/26/23
AG
Couple years ago, I was making changes to my war belt, testing it out in full kit with dry fire drills inside.

I wanted to grab something out of my truck, and when I walked to the front door and swung it open, a UPS guy happened to be setting a package on the front porch at the exact time.

We were both shocked, but the look on his face, along with the rapid back peddling makes me think he was more shocked than I was! We both got a big laugh out of it, but for a second he was in full panic mode. (Everything was holstered and safe)
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mhnatt
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8:53p, 12/26/23
I think even if legal, never answer the door with a firearm showing unless there is reasonable expectation that bad things are about to happen to person or property (and probably not even the latter).

I do have a similar question for those who "don't answer the door". Do you:

1) let them know you are home and to go away (either speaking behind the door or over the coms)?
2) quietly ignore so they think you aren't home? (I don't like this idea).
3) get the dogs to bark (or play a barking MP3 over a large speaker with bass)?
4) ?

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C@LAg
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9:02p, 12/26/23
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Furlock Bones
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9:16p, 12/26/23
AG
If a British lawyer is knocking on my door, I'm telling that limey ******* to take a hike.
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Jason_Roofer
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In reply to mhnatt • 9:27p, 12/26/23
mhnatt said:
I think even if legal, never answer the door with a firearm showing unless there is reasonable expectation that bad things are about to happen to person or property (and probably not even the latter).

I do have a similar question for those who "don't answer the door". Do you:

1) let them know you are home and to go away (either speaking behind the door or over the coms)?
2) quietly ignore so they think you aren't home? (I don't like this idea).
3) get the dogs to bark (or play a barking MP3 over a large speaker with bass)?
4) ?



There is an option between 1 and 2.

1.5) not so stealthily peek behind the curtains in the window next to the door and when the solicitor notices, quietly and slowly out the curtains back and still don't answer the door.
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Sponge
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9:52p, 12/26/23
AG
If you are indoors, then this is the wrong board.
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Hehateme1
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In reply to Bpriefert • 12:16a, 12/27/23
My opinion is that it is that the OP is designed to elicit responses to a hypothetical that would never (or very rarely) happen to elicit an emotional set of responses for and against. Strong arguments both ways.

That's why I called it a troll.

I'm not always right, but didn't seem like a set up for an honest discussion.
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TAMUallen
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2:35a, 12/27/23
AG
Yall don't just let the neighbors shoot them first? I mean I'm at the end of the cul de sac and if they get to me, I'll just let them ring and have a life
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DannyDuberstein
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In reply to mhnatt • 5:30a, 12/27/23
AG
Between the dog, tv, or just yelling "not interested!", they get the message that folks are around but not interested in having our time wasted.
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CowtownJD
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In reply to Bpriefert • 8:39a, 12/27/23
Bpriefert said:
Hehateme1 said:
What a stupid troll thread

Flagged

Um, how so? Or are you one of those who call everyone/thread you don't like a "troll"?

Reference of same topic, different forum where mature people engage in dialog:

https://www.1911forum.com/threads/can-you-answer-your-door-with-your-gun-exposed.20124/
Do you sit around thinking about silly what if situations?

Find a hobby.
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Hoss
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9:22a, 12/27/23
AG
Why not just go out the back door, sneak around the side of the house to flank them, and then hold them at gunpoint while you interrogate them? Isn't that what normal people do?
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Tony Franklins Other Shoe
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In reply to Hoss • 10:07a, 12/27/23
AG
Hoss said:
Why not just go out the back door, sneak around the side of the house to flank them, and then hold them at gunpoint while you interrogate them? Isn't that what normal people do?
Then aim for the nuts?

Person Not Capable of Pregnancy
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alvtimes
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10:25a, 12/27/23
Ive been seeing a new threat circulating…. fake UPS person at door with a package claiming signature required….. the moment you open door the ups person storms in followed by several accomplices hidden beside house. No need to open door for UPS with gun in hand, but a plan for that situation might be discussed with in your household
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Cromagnum
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In reply to water turkey • 11:54a, 12/27/23
AG
water turkey said:
AgResearch said:
Don't open the door


Never, especially for relatives….


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tamc93
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12:43p, 12/27/23
AG
Several years ago I cleaned my guns on the back porch when my daughter had a group of boys come over.

News got around quickly and problems were avoided. They still remember the time and how clean all of my guns were.
FJB, FPA, and FAZ
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76Ag
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12:58p, 12/27/23
AG
When I took my last CHL renewal class the instructor told us he likes to mow his yard with a handgun strapped on. Said he wants to get the neighbor's attention. According to him it's legal to open carry on your own property. This was before the open carry law was passed in Texas. I am no lawyer but it seems correct to me. Some idiot neighbors may call if they see it but as long as you don't discharge the gun, they probably can't do much.

The police are funny. My cousin and aunt in Anahuac both caught their redneck unemployed neighbors stealing gasoline from their cars. They caught them red-handed and called the cops. The cops knew the culprits but would do nothing about it. Their theft caused the gas tanks to leak. I guess if they'd shot the idiots they would have cared but who knows.
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Reel Aggies
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3:01p, 12/27/23
AG
Someone hacked my Ring camera…..

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GeorgiAg
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In reply to Bpriefert • 3:08p, 12/27/23
AG
Bpriefert said:
Just a theoretical and legal here. Say a suspicous pair of hooded dudes show up at my door at 2pm on a weekday when I have all my vehicles in my garage, during my cleaning of my Glock 17.

In order to avoid "brandishing", must I set it down on my workbench before answering my front door or may I casually hold it (not waving it or anything, just at my side) while standing in my foyer and opening my door on my property?

Or is this a gray area and more for a judge to decide?
OP, just curious, were you in a 1980s Australian band?




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GeorgiAg
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3:14p, 12/27/23
AG
Why don't you just talk through the door? I have a log cabin. The front door I have doesn't have a peephole, it has the medieval 1 foot x 1 foot small door at eye level with metal bars (so no one could reach in). Kind of a "who goes there" type door you see in medieval movies.

Sometimes I answer it by sticking my cat's head in it when I open the little door. Looks just like this.

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