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Would this be considered brandishing?

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  • Arkangel86
    Senior Member
    • Jul 2010
    • 994

    Would this be considered brandishing?

    My house has a courtyard that is completely closed off by a gate, by completely i mean you cant hop the gate, it extends to an archway in the roofline.

    Hypothetically, If i were to get someone ringing the bell in the wee hours of the morning and came out with a rifle slung over my shoulder, would that be brandishing?
    Guns dont kill people, I kill people
  • #2
    Dee_Dub
    Senior Member
    • Aug 2011
    • 2096

    would you be doing this in a threatening manner?
    A man's GOT to know his limitations.

    Comment

    • #3
      CWDraco
      Banned
      • May 2007
      • 3359

      If you have a firearm on you that the person can see, and its there to intimidate or as a show of force, Yes.

      Remember a guy was just arrested for walking out of his house with a handgun in a holster to ask Corrections Officers to move the convicts away from his house.

      Displaying a firearm carried with you, "just in case" you need it, isn't legal in CA. Conceal it.

      Oh and warning shots are illegal too, as per many LEO and DA. It means you were not in enough fear of your life to meet the requirement to discharge a firearm. If you fear your life is in danger, you shoot the threat directly.
      Last edited by CWDraco; 06-25-2013, 7:28 PM.

      Comment

      • #4
        AAShooter
        CGN/CGSSA Contributor
        CGN Contributor
        • May 2010
        • 7188

        Why would you answer your door?

        Comment

        • #5
          DFence
          • Feb 2012
          • 1368

          Originally posted by Arkangel86
          My house has a courtyard that is completely closed off by a gate, by completely i mean you cant hop the gate, it extends to an archway in the roofline.

          Hypothetically, If i were to get someone ringing the bell in the wee hours of the morning and came out with a rifle slung over my shoulder, would that be brandishing?
          To put it simply....yes.
          Its not paranoid.....its prepared.

          NRA Certified Pistol/Rifle/Shotgun/PPIH/PPOH Instructor | NRA Certified RSO | NRA Life Member | GSSF Life Time Member | Surefire Low Light Instructor | Glock Certified Armorer | Utah CCW Instructor | Nevada CCW Instructor

          Comment

          • #6
            Arkangel86
            Senior Member
            • Jul 2010
            • 994

            No not in a threatening manner

            I thought maybe since it was behind a locked door with no public access it might be the same as carrying inside my house.


            would it be different in I had a handgun holstered?


            this is just a question out of curiosity guys
            Guns dont kill people, I kill people

            Comment

            • #7
              Oksana
              Banned
              • Apr 2013
              • 202

              Originally posted by AAShooter
              Why would you answer your door?
              Because like many here he's got an itch to be rambo?

              Comment

              • #8
                Arkangel86
                Senior Member
                • Jul 2010
                • 994

                Originally posted by Oksana
                Because like many here he's got an itch to be rambo?
                No not at all, Im in the business of saving lives, and hope to never have to take one.


                I was just wondering if it would be considered the same as being inside my house. I know some people holster a pistol while in their house (I do not), so If I am in my court yard behind a locked door that you cannot enter without a key, I thought it may be one in the same...

                and if it was, would there be a difference between a holstered pistol and a slung rifle...
                Guns dont kill people, I kill people

                Comment

                • #9
                  Bill Carson
                  Veteran Member
                  • Nov 2009
                  • 3574

                  Originally posted by AAShooter
                  Why would you answer your door?
                  This

                  Comment

                  • #10
                    AAShooter
                    CGN/CGSSA Contributor
                    CGN Contributor
                    • May 2010
                    • 7188

                    In general, if you are not expected (regardless of time) you will not get me to answer the door. People I know have a phone number to give me a call. This is especially true when it is a situation of low-light or viability. If you are pounding on my door after 10PM, the police will be contacted in most cases.

                    Comment

                    • #11
                      Arkangel86
                      Senior Member
                      • Jul 2010
                      • 994

                      Originally posted by AAShooter
                      In general, if you are not expected (regardless of time) you will not get me to answer the door. People I know have a phone number to give me a call. This is especially true when it is a situation of low-light or viability. If you are pounding on my door after 10PM, the police will be contacted in most cases.
                      Well around these parts, no answer at the door makes people think noone is home, you can guess what happens next.

                      Lets not get off topic about answering a door or not, that was not my question.
                      Guns dont kill people, I kill people

                      Comment

                      • #12
                        AAShooter
                        CGN/CGSSA Contributor
                        CGN Contributor
                        • May 2010
                        • 7188

                        Originally posted by Arkangel86
                        Well around these parts, no answer at the door makes people think noone is home, you can guess what happens next.

                        Lets not get off topic about answering a door or not, that was not my question.
                        Fair enough. Noone home . . . bring it. Surprise.

                        Sorry for the distraction.

                        Comment

                        • #13
                          JohnCCW
                          Senior Member
                          • Jan 2013
                          • 1307

                          Requires display in a threatening manner. On your shoulder is a no.
                          That goes for a holstered sidearm as well.

                          I've ridden motorcycle with a slung rifle.
                          sigpicDon't ask how many guns I own, I lost count.
                          Rick Perry, Ted Cruz Trump for President 2016, because Hillary is NOT an option.

                          Comment

                          • #14
                            Burbur
                            Senior Member
                            • Sep 2010
                            • 1258

                            I am waiting for a case where a homeowner is observed, through a window, with a gun and is then charged with brandishing. If it hasn't happened yet, I expect it soon.

                            Comment

                            • #15
                              negolien
                              Veteran Member
                              • Sep 2010
                              • 4829

                              Originally posted by Arkangel86
                              My house has a courtyard that is completely closed off by a gate, by completely i mean you cant hop the gate, it extends to an archway in the roofline.

                              Hypothetically, If i were to get someone ringing the bell in the wee hours of the morning and came out with a rifle slung over my shoulder, would that be brandishing?


                              "Men sleep peacefully in their beds at night because rough men stand ready to do violence on their behalf."

                              George Orwell

                              http://www.AnySoldier.com

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