Can you answer the front door of your home bearing arms????

[Connor P Price]

There are a lot of crimes that are committed, both misdemeanor and felony, with no officers as witnesses, where successful arrests and convictions are made.

That is due very largely to people saying to much when they should have said nothing. If they get you to admit to it then you're done for.

If one tells an officer "I answered the door with my shotgun in my hand so the dirtbag would know I mean business and should get the heck off my porch." It sounds like the purpose was to be threatening before there was ever an imminent threat to the homeowner.

[Cokebottle]

That is due very largely to people saying to much when they should have said nothing. If they get you to admit to it then you're done for.

If one tells an officer "I answered the door with my shotgun in my hand so the dirtbag would know I mean business and should get the heck off my porch." It sounds like the purpose was to be threatening before there was ever an imminent threat to the homeowner.

Yup. Go directly to jail, do not pass go, do not collect $200.

But how else will it play out?

"Sir, were you holding your shotgun when you answered the door?"
"Yes"
"And what did you say?"
"I told him that he was not invited to the party and to leave"
"I have 4 witnesses that say that you said 'Get the hell off of my property' and racked the action on the shotgun"
Go directly to jail, do not pass go, do not collect $200.

"Sir, were you holding your shotgun when you answered the door?"
"I am not going to answer that question"
"And what did you say?"
"I am not going to answer that question"
"I have 4 witnesses that say that you said 'Get the hell off of my property' and racked the action on the shotgun"
Go directly to jail, do not pass go, do not collect $200.

Charges may not stick in the latter situation, but you are still going to be spending a few bucks on bail, hopefully recover your gun, and you won't be enjoying the rest of your party.

[SparrowHanger]

It is NOT brandishing unless he points it at them in a rude or threatening manor. Merely having it in his hands doesn't cut it.

There's the problem, "what is a rude or threatening manner". I think a lot of people call it rude and threatening having a shotgun pulled by a guy ordering them off of his property, when all they did was go to his door, even if it is never pointed at them.

[silversix]

He's asking for it. Doesn't he have a peep hole?

[SparrowHanger]

Yes, but remember that a lot of people are scared to tremors just at the sight of a gun, and in this state, *you* will have to spend a ton of money to convince a jury that you weren't scaring the jabeezus out of the poor innocent victim, and if alcohol was present, the cops and prosecutor are going to have a field day mopping up your bank account.

That is if you get to a jury. Worse case scenario is some green pea LEO is dispatched and when he knocks on your buddy's door your friend answers holding his shotgun. The only legal proceeding may be a coroner's inquest.

[E Pluribus Unum]

I don't believe that is the case.

There are a lot of crimes that are committed, both misdemeanor and felony, with no officers as witnesses, where successful arrests and convictions are made.

Also, brandishing is a 10 year prohibition, brandishing in the presence of an officer if a lifetime prohibition. If the officer were required to witness the act, then it would always be a lifetime prohibition and there would be no point in the single 417(a)(1) or (a)(2) charge being a 10 year prohibition.

There are only few misdemeanors that do not require the officer to see it. The two biggest ones are DUI, and domestic violence.

In all other cases, if it's a misdemeanor, the person that witnessed the crime would have to do a citizen's arrest, with the officer's instruction.

Yup. Go directly to jail, do not pass go, do not collect $200.

But how else will it play out?

"Sir, were you holding your shotgun when you answered the door?"
"Yes"
"And what did you say?"
"I told him that he was not invited to the party and to leave"
"I have 4 witnesses that say that you said 'Get the hell off of my property' and racked the action on the shotgun"
Go directly to jail, do not pass go, do not collect $200.

"Sir, were you holding your shotgun when you answered the door?"
"I am not going to answer that question"
"And what did you say?"
"I am not going to answer that question"
"I have 4 witnesses that say that you said 'Get the hell off of my property' and racked the action on the shotgun"
Go directly to jail, do not pass go, do not collect $200.

Charges may not stick in the latter situation, but you are still going to be spending a few bucks on bail, hopefully recover your gun, and you won't be enjoying the rest of your party.

In the above situation, if there are 4 witnesses to the crime, then one of the four would need to perform a citizen's arrest. If none were willing, the officer could not arrest the "perp". He would need to file a complaint, request a warrant, and a judge would then issue an arrest warrant, and then the officer could arrest pursuant to the warrant. This would take more time of course, but it still stands- an officer can only arrest at the scene if he witnesses it, or someone who did is willing to do a private party arrest.

[Purple K]

Bearing is not brandishing.

[tyrist]

For an officer to take someone into custody for a misdemeanor offense, usually the victim or a witness will have to make a citizen's arrest.

Functionally in the case of "brandishing" you are booked for assault with a deadly weapon and plea it down to the misdemeanor offense of brandishing.

[Scarecrow Repair]

Bearing is not brandishing.

Don't be dense. Bearing is intimidating to those who want it to be intimidating. Intimidating is brandishing. Brandishing is arrest. Arrest is thousands of dollars to fix.