This is a discussion on OC vs brandishing at your door within the Home (And Away From Home) Defense Discussion forums, part of the Related Topics category; Originally Posted by RT Resting your hand on your gun while talking to them is probably a bad idea that could land you in a ...
Yes, First off, I suggest researching the laws of your state, (Minnesota ?) on brandishing. I would think open carry in your home , your private dwelling, would be legal. Perhaps 'blade' your body so your holstered weapon is visable to the person @ your door. Cross your arms over your chest, away from your weapon. I think the person @ your door would probably exit and go on to the next hand out.
Years ago, I lived in Seattle, Washington, for a while. I answered the door once with the TV remote in my hand. The limp toasts at the door fell to the ground , waving their hands and screaming "he has a gun" ... I was never bothered again. I felt guilty and almost gave them $$.
It varies from state to state, but brandishing involves a "threatening" action. It's difficult to prove brandishing with a holstered firearm. In FL there is no "brandishing" law persay, but it would have to include a threatening "use," which is defined as having the firearm "in hand." Holstered is not in hand.
Retired USAF E-8. Curmudgeon at large.
Lighten up and enjoy life because:
Paranoia strikes deep, into your life it will creep. It starts when you're always afraid... Buffalo Springfield - For What It's Worth
Last week, I opened the door for the Mailperson because I had to sign for a registered letter. She saw the gun in my IWB holster and asked about it. Then we talked about her carry gun (when she's not on duty), no tension.
Thanks for all the replies. I will look into Minnesota's laws more. Time to research a holster for my PPQ too.
Welome to the board QuasarZ. Do you have your concealed carry permit? I hope you are in the habit of carrying at home.
A couple thoughts...
Here in Michigan the law on brandishing has been written pretty clearly and backed up with AG opinions. So, as long as it stays in the holster you're pretty safe. I agree with others; if your hand touches the gun, that kind of changes things. Interestingly, there has also recently been a big case concerning open carry of a rifle in Birmingham which established that if it's just being carried, on a sling for example, that's not brandishing either.
Also, you might want to consider if you want people to know you have firearms in the house. The salesman might be an evildoer "interviewing" potential home invasion victims (I've personally seen this happen on more than one occasion). Does knowing you have a gun on you decrease the chance that he'll try it when you're home? Probably. Does it increase the chance he'll watch the house and try to enter when you're not home, hoping to find some guns? Maybe. Who knows, really, and there will be lots of thoughts on this issue from other forum members, but it's something to consider as you mull all this over.
Oops. Forgot the obligatory "But check the laws of your state!" caveat.
May I humbly suggest that you seek out a NRA approved course on handgun safety, handing and carry. This will go a long way towards answering this and other questions you may have about firearms. You owe it to yourself and those around you. Best of luck.
"Better to be judged by 12 than carried by 6"
Flight Surgeon, USAF
Law Enforcement Tactical Surgeon
NRA Benefactor Member
You can have a gun on your own property but you can't use it in a "threatening manner"
Not all salesmen at your door, are salesmen either.
Personally, if I don't know them.... I don't answer the door, I have no need to talk to them at all.
I don't make jokes. I just watch the government and report the facts. --- Will Rogers ---
Chief Justice John Roberts : "I don't see how you can read Heller and not take away from it the notion that the Second Amendment...was extremely important to the framers in their view of what liberty meant."