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Is answering the door armed considered brandishing?

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  • steadyrock
    I need a LIFE!!
    • Aug 2007
    • 10235

    Is answering the door armed considered brandishing?

    Do not give in to evil, but proceed ever more boldly against it.
  • #2
    Sam .223
    • Mar 2008
    • 1575

    I wouldn't think it would be brandishing if you were inside your home, but I'm not a lawyer.
    5.56: reach out and touch someone.
    458 SOCOM: reach out and knock someone down.

    Comment

    • #3
      M1A Rifleman
      Veteran Member
      • Oct 2005
      • 3456

      Keep it concealed, problem goes away.
      The only thing that is worse than an idiot, is someone who argues with one.

      Comment

      • #4
        Featureless
        CGN/CGSSA Contributor
        CGN Contributor
        • Mar 2018
        • 2267

        Why would you do that? What's the point? What's the upside?
        California Native
        Lifelong Gun Owner
        NRA Member
        CRPA Member

        ....."He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance."

        Declaration of Independence, 1776

        Comment

        • #5
          steadyrock
          I need a LIFE!!
          • Aug 2007
          • 10235

          Originally posted by Featureless
          Why would you do that? What's the point? What's the upside?
          Do not give in to evil, but proceed ever more boldly against it.

          Comment

          • #6
            RickD427
            CGN/CGSSA Contributor - Lifetime
            CGN Contributor - Lifetime
            • Jan 2007
            • 9252

            Originally posted by Sam .223
            I wouldn't think it would be brandishing if you were inside your home, but I'm not a lawyer.
            It depends on how you answer the door while armed. Below is the conduct that must occur for you to be "Brandishing" (quoted in pertinent part from Penal Code section 417(b)). Please note that it makes no difference if you're inside the home:

            "Every person who, except in self-defense, in the presence of any other person, draws or exhibits any firearm, whether loaded or unloaded, in a rude, angry, or threatening manner, or who in any manner, unlawfully uses a firearm in any fight or quarrel is punishable as follows..."
            If you build a man a fire, you'll keep him warm for the evening. If you set a man on fire, you'll keep him warm for the rest of his life.

            Comment

            • #7
              CessnaDriver
              I need a LIFE!!
              • Feb 2009
              • 10408

              Don’t unless you want a lot of unwanted attention and drama.


              "Yeah, like... well, I just want to slap a hippie or two. Maybe even make them get jobs."

              Comment

              • #8
                Coolguy101
                Senior Member
                • May 2011
                • 654

                Why are you afraid of vaccines?

                Comment

                • #9
                  9Cal_OC
                  Calguns Addict
                  • Apr 2019
                  • 6640

                  Originally posted by S.O.A.R.
                  Maybe related, are we allowed to be armed inside our attached garage if the garage is open? I mean if neighbors/passerby sees it, will it cause issues?

                  Sent from my SM-N960U using Tapatalk
                  Keep it concealed.
                  Freedom isn't free...

                  sigpic

                  iTrader

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                  • #10
                    koto0188
                    Junior Member
                    • May 2018
                    • 51

                    Comment

                    • #11
                      lastinline
                      Senior Member
                      • Feb 2014
                      • 2364

                      Originally posted by S.O.A.R.
                      Maybe related, are we allowed to be armed inside our attached garage if the garage is open? I mean if neighbors/passerby sees it, will it cause issues?

                      Sent from my SM-N960U using Tapatalk
                      Irregardless of what the law says, the reality is that the police might very well be summoned by some frightened Karen (male, female, other) who is totally ignorant of, and afraid/offended by those of us in the gun culture.

                      Comment

                      • #12
                        newbutold
                        Senior Member
                        • Jan 2017
                        • 1952

                        Why answer the door at all.......use the gun port
                        Never attribute to malice that which is adequately explained by stupidity. Robert J. Hanlon

                        No more dems, rinos, commies, , pinkos, crooks, pedos, frauds, idiots, lunatics, wanna-be dictators, traitors, old fools, or kleptocratic thieves for President from any party.

                        The demonstrators who infiltrated the Capitol have defiled the seat of American democracy. Donald J. Trump 1/7/21

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                        • #13
                          Garv
                          RSG Minion, Senior
                          CGN Contributor - Lifetime
                          • Apr 2014
                          • 8979

                          I have a "Do Not Disturb" sign clearly posted.

                          Works great.
                          Originally posted by Kestryll:
                          It never fails to amuse me how people get outraged but fail to tell the whole story in their rants....

                          Comment

                          • #14
                            Bullets&Whitewalls
                            Senior Member
                            • May 2012
                            • 2360

                            Sounds like to me your neighbor got really lucky. Not only did he brandish a weapon but he made a threat on top of it. Being inside your house is not going to shield you from anything at that point.

                            Comment

                            • #15
                              Featureless
                              CGN/CGSSA Contributor
                              CGN Contributor
                              • Mar 2018
                              • 2267

                              Originally posted by lastinline
                              Irregardless of what the law says, the reality is that the police might very well be summoned by some frightened Karen (male, female, other) who is totally ignorant of, and afraid/offended by those of us in the gun culture.
                              There is no such word as 'irregardless'.
                              California Native
                              Lifelong Gun Owner
                              NRA Member
                              CRPA Member

                              ....."He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance."

                              Declaration of Independence, 1776

                              Comment

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