Is it brandishing if in your own home?

I have what might be a dumb question, but one that I have honestly been wondering about. The home and away forum seems to be the best fit so here goes:

If you answer the door, and you have a gun in your hand and the person outside who knocked or rang sees that you have a gun, is that considered brandishing? Lets say for example, that it is a someone or group of someones who you don't care if they feel intimidated or even down right scared at the sight of a gun and your objective is to not hide it out of site or behind you. To also clarify, you are holding it, say pointed downwards towards the floor, not at them.

As to the brandishing issue, I will let those from NC answer that, as brandishing definitions are different from state to state.

I will say this, though. I am not one to answer the door with a gun in hand. If it is during "normal" hours, I am armed, but not in hand. If it is after "normal" hours, I am not opening the door until I establish that I do not need a gun. Thus, no gun in hand.

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Originally Posted by noway2

I have what might be a dumb question, but one that I have honestly been wondering about. The home and away forum seems to be the best fit so here goes:

If you answer the door, and you have a gun in your hand and the person outside who knocked or rang sees that you have a gun, is that considered brandishing? Lets say for example, that it is a someone or group of someones who you don't care if they feel intimidated or even down right scared at the sight of a gun and your objective is to not hide it out of site or behind you. To also clarify, you are holding it, say pointed downwards towards the floor, not at them.

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I dont believe its Brandishing in your own home...

I answer the door with a gun for just a few select peoples...1. Strangers, 2. The Kirby Vacuum Cleaner people. There is a story behind #2 and I really enjoyed myself they didn't like it to much though...

Regardless of local brandishing rulings, my recommendation is to stay concealed. Give yourself easy access - have your hand on it in your pocket, hang a magazine over the gun in your hand, but keep it concealed. You can always pull it out and go to work if you need to, but that way you're not terrorizing the girl scout at your front door.

:wave:Oh, Hi There, I was just getting ready to clean my firearm, can I help you?

I would tend to say that if you feel the need to have it in your hand based on the people at the door, you probably shouldn't be opening the door.

As to the brandishing part of the question, it depends on your state laws.

Just so you know, I changed the title of your thread. You get a lot more relevant traffic and responses if you give at least some idea of what your question is in the title (that's what they are there for, after all).

And there is no such thing as a dumb question... or so they tell me. :smile:

If you have to have a gun in your hand to answer the door...You shouldn't be answering the door. Just my 2 cents.

Edit-Only a litlte late in echoing Big Sticks sentiments. Right on the money, sir. I should have read the entire thread first I suppose.

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Originally Posted by WHEC724

Regardless of local brandishing rulings, my recommendation is to stay concealed. Give yourself easy access - have your hand on it in your pocket, hang a magazine over the gun in your hand, but keep it concealed. You can always pull it out and go to work if you need to, but that way you're not terrorizing the girl scout at your front door.

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Regardless of your state regulations. IMO this is the best way to deal with most normal knocks at the door. A pounding/Brisk knock on the door may vary well be the local sheriff's dept and I'd suggest not having a firearm in your hand when opening the door.:wink:

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Originally Posted by RoadRunner71

As to the brandishing issue, I will let those from NC answer that, as brandishing definitions are different from state to state.

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agreed

Seems to be a very grey area. I see it like this....and I'm NOT an expert/lawer/internet hero......but are you (I'm using 'you' figuretivly) 'threating' those knocking on your door? Are they threatning you? Brandishing is defined several different ways in every state. On your private property, conducting yourself lawfully, 'I' don't see an issue. Are the people (or person) knocking on your door conducting themselves lawfully?

Now, and here's the catch, if you and/or the person/people are threatned/scared, then whoever calls the police first 'wins'. Get it? Those who knock on your door, see a gun, panic, and call the cops......it's on you. You might or might not prove your being lawful in your own house with your lawfuly owned sidearm, but the burden of proof will be on you.

Others already said it, conceal it (behind your back or in a magizine/book) if you just have to answer the door. Even better, if you think you need a gun to answer the door, then don't. JMO.

I don't 'show my hand', answering the door or otherwise, unless I have to.

I don't know the story of the Kirby vacuum cleaner people that bwalker25 refers to, but I'll present you with a hypothetical scenario of my own. Your doorbell rings and you see two salesmen on your porch that you don't care for. You answer the door gun in hand and make sure they see it. You don't point it at them, but you make sure that they are "uncomfortable". As you anticipated, they leave in short order.

The next knock you hear at your door is a local sheriff's deputy. "Two salesman have called in that you threatened them with a semi-automatic handgun sir. Do you own a handgun?"

Now who is feeling "uncomfortable"?

My local Sheriff would not have to ask me that question.

while I do have my handgun with me it is not in my hand when I answer the door, however it is on me :)

I invited them in and then they became rude and forceful and down right ignorant and abusive towards me and my wife, I told them to leave in no uncertain terms and lets just say they got the picture rather quickly when the safety comes off and you are staring down the barrel of a loaded weapon. I don't care if they were rude/abusive or whatever towards me because I can defend myself, but when someone else lays a hand on my wife or approaches her in such a way in our own home that makes her feel uncomfortable its time to take action. In my case they approached my wife and were touching on her belly which BTW she is pregnant and she told them to stop, that was the ignorant part, the abusive part was more verbal but not "cussing" it was a demeaning attitude towards her and us, the moment she looked in fear just before they approached her I was beginning to take action. I told these particular people 4 times to leave, and they didn't seem to be in a hurry and ignored us the entire time. none the less the left and now they are not welcomed back in my home. We did file a police report.

There are plenty of ways to come to the door with gun in hand but not LOOK like you are coming to the door with a gun in hand.

Hiding your gun/hand behind the door or door frame is one GREAT way. I have even had my hand behind my back with gun in hand while talking to people at the door.

Hide the gun behind or in a book or newspaper, blanket, shirt, dish towel, etc, etc, etc. Your imagination is the limit.

No threat or worry of brandishing but you still have a gun in hand. Win/Win.

In NC as long as you don't point it at them you can have one visible. If you point it at them it's considered assault. (unless they need shooting)

GS_14-34