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

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  • SexPistol
    Member
    • Dec 2009
    • 410

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

    My buddy and I were talking about a party this weekend that he is hosting and he was talking about how if anyone rings the doorbell he wants to answer it with an unloaded pump action shotgun and tell them to get off his property. I told him this was not legal but he said it was since it was his home and they are unwanted individuals on his property so he has the right to bear arms.

    Whose right? And please explain in the simplest/clear was possible so I can relay it to him if he's the one whose wrong.

    Thanks!
    'Merica

    Rockin:
    - AR15 w/ High standards lower & 16in Smith & Wesson upper
    - Remington Model 770 in .270 Caliber
    - Remington 572 pump action .22
  • #2
    five.five-six
    CGN Contributor
    • May 2006
    • 34704

    that's a really dumb idea, if you are going to have a shotgun, i recommend at least having the magazine full


    don't brandish it at anyone that's not threatening you

    Comment

    • #3
      Baconator
      Bacon makes it better
      CGN Contributor - Lifetime
      • Jan 2009
      • 9547

      I usually keep my arms on at all times.

      But it sounds like you are describing brandishing, which could get that person arrested and/or killed. And I don't think you will get away with "keeping people off your property" with deadly force shown.

      Comment

      • #4
        paul0660
        In Memoriam
        • Jul 2007
        • 15669

        Why unloaded? Like 556 said.
        *REMOVE THIS PART BEFORE POSTING*

        Comment

        • #5
          SexPistol
          Member
          • Dec 2009
          • 410

          I don't know, he didn't elaborate. I'm assuming he would have it unloaded just for the intimidation factor.
          'Merica

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

          Comment

          • #6
            Librarian
            Admin and Poltergeist
            CGN Contributor - Lifetime
            • Oct 2005
            • 44626

            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.
            ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page

            Frozen in 2015, it is falling out of date and I can no longer edit the content. But much of it is still good!

            Comment

            • #7
              Quiet
              retired Goon
              • Mar 2007
              • 30241

              Originally posted by SexPistol
              My buddy and I were talking about a party this weekend that he is hosting and he was talking about how if anyone rings the doorbell he wants to answer it with an unloaded pump action shotgun and tell them to get off his property. I told him this was not legal but he said it was since it was his home and they are unwanted individuals on his property so he has the right to bear arms.

              Whose right? And please explain in the simplest/clear was possible so I can relay it to him if he's the one whose wrong.

              Thanks!
              Originally posted by SexPistol
              I don't know, he didn't elaborate. I'm assuming he would have it unloaded just for the intimidation factor.
              That would be considered "brandishing". [PC 417(a)(2)]


              Penal Code 417
              (a)(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:
              (A) If the violation occurs in a public place and the firearm is a pistol, revolver, or other firearm capable of being concealed upon the person, by imprisonment in a county jail for not less than three months and not more than one year, by a fine not to exceed one thousand dollars ($1,000), or by both that fine and imprisonment.
              (B) In all cases other than that set forth in subparagraph (A), a misdemeanor, punishable by imprisonment in a county jail for not less than three months.
              Last edited by Quiet; 04-06-2011, 9:17 PM. Reason: added PC cite
              sigpic

              "If someone has a gun and is trying to kill you, it would be reasonable to shoot back with your own gun." - Dalai Lama (Seattle Times, 05-15-2001).

              Comment

              • #8
                ElvenSoul
                I need a LIFE!!
                • Apr 2008
                • 17431

                Your friend might win the criminal case but would lose the civil case....aren't lawyers great
                sigpic

                Comment

                • #9
                  Baconator
                  Bacon makes it better
                  CGN Contributor - Lifetime
                  • Jan 2009
                  • 9547

                  I am thinking more along the lines of why express the intention of deadly force if you aren't needing to use deadly force. Your friend opens the door to someone who doesn't know him and he has a shotgun in his hand. That person calls 911, a SWAT standoff ensues. I don't think anything good will come of this idea.

                  Comment

                  • #10
                    hawk1
                    In Memoriam
                    • Dec 2005
                    • 7555

                    Originally posted by SexPistol
                    I don't know, he didn't elaborate. I'm assuming he would have it unloaded just for the intimidation factor.
                    Any chance you can shoot video? Might just be the local LEO, I'm sure it'll end badly for your friend.
                    sigpicNRA LIFE MEMBER

                    Comment

                    • #11
                      five.five-six
                      CGN Contributor
                      • May 2006
                      • 34704

                      Originally posted by SexPistol
                      I don't know, he didn't elaborate. I'm assuming he would have it unloaded just for the intimidation factor.
                      so if I am a turdwad with a gun at his door and he tells me to f off and slams the door, I shout at him and walk away


                      now if he threatens my life with an unloaded shotgun, I shoot at him to protect my life..... never bring an unloaded gun to any kind of a fight, brandishing an unloaded gun brings the same penalty as a loaded one,


                      If uncomfortable, may come to my door with a loaded gun, but by the time the threat sees it, I will have already decided to use deadly force, no sence tipping your hand


                      YMMV

                      Comment

                      • #12
                        Cokebottle
                        Señor Member
                        CGN Contributor - Lifetime
                        • Oct 2009
                        • 32373

                        Originally posted by SexPistol
                        I don't know, he didn't elaborate. I'm assuming he would have it unloaded just for the intimidation factor.
                        That absolutely would be brandishing... and if alcohol is involved, keep the gun locked up. It could end up loaded and used.
                        - 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

                        • #13
                          paul0660
                          In Memoriam
                          • Jul 2007
                          • 15669

                          Originally posted by pappabacon
                          I am thinking more along the lines of why express the intention of deadly force if you aren't needing to use deadly force. Your friend opens the door to someone who doesn't know him and he has a shotgun in his hand. That person calls 911, a SWAT andoff ensues. I don't think anything good will come of this idea.
                          Maybe my assumption magnet is turned to HIGH tonight, but how do you ASSUME he doesn't need to use deadly force?

                          Answer door without pants on..............that's a crime.

                          Answer door with a gun......a tradition. Personally I wouldn't blink, and probably give the guy a fist pump after i sold him my GS cookies.
                          *REMOVE THIS PART BEFORE POSTING*

                          Comment

                          • #14
                            1Fastrider
                            Senior Member
                            • Dec 2008
                            • 1294

                            I openly carry while on my property, in my house. I have answered the door with my holstered weapon because I'm used to it being there. I generally answer with the opposite side of my body to the person so they do not see my holster or contents. You taking the shotgun out just seems like it could cause trouble.

                            Comment

                            • #15
                              misterjake
                              Senior Member
                              • Oct 2009
                              • 1032

                              Easy, answer the door with a pistol in one hand behind the door. Only have 1/2 your body out. Let the guy never see the gun.

                              Or if you don't know who the guy is, don't answer the door.

                              Comment

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