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

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  • #76
    Cokebottle
    Seņor Member
    CGN Contributor - Lifetime
    • Oct 2009
    • 32373

    Originally posted by SexPistol
    So basically, I was right and it would be a bad idea on his part. And yes this kid isn't the sharpest tool in the shed but he does throw some pretty good parties where the guy to girl ratio is great so that's the main reason I wanted to go.

    The only thing I'm unclear on now is it still brandishing if you answer a door with a fire arm at your side visible or not, and if it is visible not pointed at someone? Party or not.
    Here is the actual law.
    Pointing at someone is not required. If the gun is displayed with the intent to intimidate, it's illegal. Displaying the gun while yelling "Get the hell off of my property" is pretty intimidating, and within the letter of the law... "rude, angry, or threatening"
    PC417(a)
    (1) Every person who, except in self-defense, in the presence of any other person, draws or exhibits any deadly weapon whatsoever, other than a firearm, in a rude, angry, or threatening manner, or who in any manner, unlawfully uses a deadly weapon other than a firearm in any fight or quarrel is guilty of a misdemeanor, punishable by imprisonment in a county jail for not less than 30 days.
    (2) 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:
    BTW: Remind him of

    10 year firearms prohibition for brandishing... even a NON-firearm!
    If he answers the door holding a baseball bat and someone calls the cops, he can kiss his shotgun goodbye for 10 years.

    It gets worse....
    If he does it in the presence of a cop, or gets two convictions (two people at the door, they both press charges), it's a LIFETIME firearms prohibition!
    - Rich

    Originally posted by dantodd
    A just government will not be overthrown by force or violence because the people have no incentive to overthrow a just government. If a small minority of people attempt such an insurrection to grab power and enslave the people, the RKBA of the whole is our insurance against their success.

    Comment

    • #77
      SexPistol
      Member
      • Dec 2009
      • 410

      What if you say "please get off my property" lol
      'Merica

      Rockin:
      - AR15 w/ High standards lower & 16in Smith & Wesson upper
      - Remington Model 770 in .270 Caliber
      - Remington 572 pump action .22

      Comment

      • #78
        Cokebottle
        Seņor Member
        CGN Contributor - Lifetime
        • Oct 2009
        • 32373

        Originally posted by SexPistol
        What if you say "please get off my property" lol
        Legal....

        But given the circumstances (unloaded, alcohol at the party), still stupid.
        - Rich

        Originally posted by dantodd
        A just government will not be overthrown by force or violence because the people have no incentive to overthrow a just government. If a small minority of people attempt such an insurrection to grab power and enslave the people, the RKBA of the whole is our insurance against their success.

        Comment

        • #79
          Seeker
          Member
          • Feb 2011
          • 375

          Originally posted by sfpcservice
          To the OP:

          Your friend should just dig a few tiger traps with pooh tipped punji sticks at the bottom in his front yard. At least that way it's not something he'll be holding when the police show up.
          That my friend, is illegal and will still land him in jail nonetheless

          Comment

          • #80
            erik
            CGN/CGSSA Contributor - Lifetime
            CGN Contributor - Lifetime
            • Feb 2009
            • 132

            Originally posted by Seeker
            That my friend, is illegal and will still land him in jail nonetheless

            http://ag.ca.gov/firearms/dwcl/12355.php
            Yes, and the point of the exercise: It's one step *up* from "shot where he stands."
            Originally posted by Theseus
            Damned criminals! When will they learn that they can't carry guns in prohibited places? I call for a ban on criminals! With a ban on criminals in place we will be assured that this kind of thing can't happen!
            Originally posted by SoCal Bob
            To wish for Utopia is understandable, but it cannot be legislated.
            Originally posted by CHS
            I wanna have SAF's babies.

            Comment

            • #81
              misterjake
              Senior Member
              • Oct 2009
              • 1032

              Originally posted by Fate
              LOL! Not pointed through the door of course, just have it ready.

              Comment

              • #82
                Dirtbozz
                Member
                • Jun 2008
                • 308

                Originally posted by Librarian
                Someone might not be intimidated - unloaded isn't that good an idea.

                But to answer the original question, yes, it's entirely legal to be armed at home and to answer the door armed.

                I'll leave it to each individual to decide the wisdom of it.
                Wisdom? If you are willing to pull the trigger to protect your family and yourself (always carry loaded) then do it. If not, your just giving as weapon to your adversary. Understand that you must be prepared to use a weapon if needed. Otherwise, leave it in the closet (or other appropriate storage location).
                sigpic
                "A FREE PEOPLE OUGHT NOT ONLY BE ARMED AND DISCIPLINED, BUT THEY SHOULD HAVE SUFFICIENT ARMS AND AMMUNITION TO MAINTAIN A STATUS OF INDEPENDENCE FROM ANY WHO MIGHT ATTEMPT TO ABUSE THEM, WHICH WOULD INCLUDE THEIR OWN GOVERNMENT."

                - GEORGE WASHINGTON

                Comment

                • #83
                  Cokebottle
                  Seņor Member
                  CGN Contributor - Lifetime
                  • Oct 2009
                  • 32373

                  Originally posted by Dirtbozz
                  Wisdom? If you are willing to pull the trigger to protect your family and yourself (always carry loaded) then do it. If not, your just giving as weapon to your adversary. Understand that you must be prepared to use a weapon if needed. Otherwise, leave it in the closet (or other appropriate storage location).
                  Indeed. A gun is like a fire extinguisher.
                  It's better to have it and not need it than it is to not have it and need it.

                  However, a fire is NOT like a criminal.
                  A fire is not going to grab your extinguisher and use it on you if you hesitate.
                  - Rich

                  Originally posted by dantodd
                  A just government will not be overthrown by force or violence because the people have no incentive to overthrow a just government. If a small minority of people attempt such an insurrection to grab power and enslave the people, the RKBA of the whole is our insurance against their success.

                  Comment

                  • #84
                    N6ATF
                    Banned
                    • Jul 2007
                    • 8383

                    Can you answer the front door of your home bearing a fire extinguisher?

                    Comment

                    • #85
                      Cokebottle
                      Seņor Member
                      CGN Contributor - Lifetime
                      • Oct 2009
                      • 32373

                      Originally posted by N6ATF
                      Can you answer the front door of your home bearing a fire extinguisher?
                      Perhaps a smarter option for a party with alcohol involved.
                      - Rich

                      Originally posted by dantodd
                      A just government will not be overthrown by force or violence because the people have no incentive to overthrow a just government. If a small minority of people attempt such an insurrection to grab power and enslave the people, the RKBA of the whole is our insurance against their success.

                      Comment

                      • #86
                        N6ATF
                        Banned
                        • Jul 2007
                        • 8383

                        What if you're not consuming alcohol? Is there such a thing as secondhand alcoholism?

                        Comment

                        • #87
                          Baconator
                          Bacon makes it better
                          CGN Contributor - Lifetime
                          • Jan 2009
                          • 9547

                          Originally posted by N6ATF
                          What if you're not consuming alcohol? Is there such a thing as secondhand alcoholism?
                          I'm sure there is in this state. I know someone who could likely find a support group for such a thing.

                          Comment

                          • #88
                            Cokebottle
                            Seņor Member
                            CGN Contributor - Lifetime
                            • Oct 2009
                            • 32373

                            Originally posted by N6ATF
                            What if you're not consuming alcohol? Is there such a thing as secondhand alcoholism?
                            Having a shotgun anywhere but locked in the safe when there are intoxicated people in the home is stupid.
                            - Rich

                            Originally posted by dantodd
                            A just government will not be overthrown by force or violence because the people have no incentive to overthrow a just government. If a small minority of people attempt such an insurrection to grab power and enslave the people, the RKBA of the whole is our insurance against their success.

                            Comment

                            • #89
                              N6ATF
                              Banned
                              • Jul 2007
                              • 8383

                              Originally posted by pappabacon
                              I'm sure there is in this state. I know someone who could likely find a support group for such a thing.
                              Actually, since CA doesn't prohibit drinking and carry, maybe not. Though in AZ and other "free states" you are guilty by association if you carry and only consume non-alcoholic beverages at an establishment that serves food and alcohol to others. Until that law is fixed, the support group would have to take the form of a dry restaurant association so those of us who never drink know where to patronize in safety.
                              Last edited by N6ATF; 04-08-2011, 9:59 PM.

                              Comment

                              • #90
                                jonnyt16
                                Senior Member
                                • Dec 2009
                                • 1749

                                I don't understand all this talk about "brandishing". How the hell can you be brandishing in your own home?? Say I'm cleaning a rifle/pistol/shotgun in my kitchen while someone knocks on the door and I decide to answer the door with said rifle/pistol/shotgun in hand, I can be charged with brandishing??

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