Let’s say there is a knock on my door of my residence. If I answer the door with my gun holstered OWB, am I brandishing? What if I answer the door with my gun in hand. Is that brandishing?
Holstered in TX is not brandishing. Holstered with your hand on the grip is still not brandishing but starts to get a bit grey.
With the castle doctrine in TX and private property rights here, you can carry a firearm in your hand and it is not brandishing, on your own property. This would have to be coupled with mindset as well. You can go carrying around a firearm on your property and not even pointing it at someone but acting in, or speaking in, a threatening manner could get you in trouble.
With a LTC in Texas, if you instigate a fight, provoke someone into a fight, even if you fear for your life or great bodily harm after the physical fight starts, since you basically started it, you will be hard to defend with using a self defense plea. Sorry for all the commas, in that last sentence.
That is a good question because have been accused of similar actions where no brandishing law even exist,
Keep in mind this, Interpretation of the law can be dangerous or a blessing depending on the individual interpretation.
I like @Fizbins answer but still would encourage checking your local listings.
Thanks for the shout out Randall.
Intent can also be a factor. Taking your holstered firearm and setting it on the dashboard in a road rage situation would still be brandishing, even though it’s holstered. Removing your firearm from it’s holster in the car because it is uncomfortable when you buckle up and put it on the seat next to you is not, even if a 16 wheeler passes you and the dude looks down and sees it sitting on the seat.
Thanks for pointing that out!
This might help!
Under Kentucky law, having a holstered weapon on you when you answer your door is not brandishing, even if your hand is on the weapon. Even if you answer the door with a weapon in your hand, if it is pointed in a safe direction, is not brandishing. If it is used in a threatening manner, then it is brandishing. If someone is banging on my door at zero dark thirty, you can be damn sure that they will be greeted with a weapon at low ready. And I don’t care if it is someone selling girl scout cookies.
You make me laugh sir, LOL!
They would be talking to me via my Ring video system. There would be a locked storm door and a deadbolt secured exterior door between us. What they wouldn’t know is that on the other side I and the M4, already in my arms, are ready to party. As others here have remarked in the forum; the locked doors are equally for their protection. If those two doors were kicked in there is NO doubt in my mind what my training would demand me to do.
I answer my door. I have a weapon in my hand. IT is not brandishing. Thanks to modern cameras. I can see who is at my door and around my house. I can talk to them. I do not have to open my door. Ring cameras or equivalent can serve this purpose. You can tell police to show picture ID so you can call and verify their bonafides. There are people out there faking their status.
An alternative is to have a good exterior door not a screen. It has metal or security glass ( mine has this). Standing behind the door with a weapon in ready low carry is not brandishing. You are on your own property. You can respond quickly,
Unfortunately, you are likely to be murdered by modern police tactics. They just say gun and shoot. 600 rounds later. Protocol: No brains allowed. Not one attempt at identification or deescalation. This is not TV. This is just plain murder on the street with a badge.
This used to be what I did. I still have the door. Just now I rely on the camera. It works day or night.
We have cameras now so if we’re not expecting anyone, we don’t answer or use the 2 way intercom.
I would not open the door fully and keep my foot sideways as a stop against the door if I would open it, I’d use the peep hole and wait until they’d step back or begin to walk away.
I would keep half my body behind with my shoulder against the door and pie/peep my head around speak while keeping my pistol in hand shielded behind the door.
No good if someone really wants to force the door open. Even without a warrant police will continue to attempt to force their way in. Criminals will just break in and the partially opened door makes it easier for them.
Having an external door with glass or metal grills and a bolt not a cheap lock keeping it closed is the best thing to have if you open the inner door to see or talk to someone. Otherwise rely on a camera system and peep hole. But make very sure that you insure that no real blind spots or hiding places exist at the front door.
Agree fully. I live in the country, well off the road. If anybody knocks on the door after lights out I will be at “low ready” when I go to the door😏
Same here, I’m also behind 6 gates, 2 of which have key pads. 2 miles off the road, if anyone ever comes back here it will only be for something really bad.
A couple things here. First, I’m not a lawyer. I didn’t even stay at a Holiday Inn. That being said, I was trained in NC that a holstered weapon is not brandishing, an unholstered weapon is brandishing, even at low ready.
I think the bigger point is, I never open a door for someone I don’t know. Any conversation I have occurs from behind a secure storm door and solid wood door, with my weapon on my person. This comes from experience. About 10 years ago, in the middle of a family meal, our doorbell rang. My wife beat me to the door, opened it to find a well-dressed “college student” selling air freshener in aerosol cans. As he started his pitch, I appeared from around the corner behind my wife, and he ran. We found out days later that the “air freshener” was actually mace, and that the “students” were robbing and abducting unsuspecting homeowners. My family has not made that mistake since then. Stay alert.
My response in opening the door @Michael349, was geared towards not having a camera, and if one would attempt to open a door that was being knocked on not attempted to be kicked in, or a no knock warrant.
This is how I used to do it years ago. It’s not the best, yet in speaking from experience it worked out well again if one must open a door and not have both hands. I was able to transition to cover and draw my pistol.
With regard to law enforcement coming in, or anyone who’s dead set on entering they will attempt to overcome a secured door that has any means of devices to prevent entry I agree It goes without saying they will attempt to do so as fast as possible.
The question originally was regarding what is considered brandishing, not tactics or justification for presenting a firearm.
That is why you have an outside door. Not a screen door. It has a solid frame with resistant glass or a metal grill. It has a bolt that is thrown from the inside.
I have that plus the cameras.
Again the subject is brandishing, not door security.
I appreciate you sharing your selection of doors. As an FYI though, I did construction for a living for awhile and as a side business, specializing in doors, glass, windows, and mirrors.
I know you’re joking around with your phrasing, @EDC_always, but please be careful. Statements like that can be used against you in court to say you were looking for an excuse (don’t shoot the messenger here… I’m looking out for your wellbeing.)
Open carry is legal in Texas and you’re in your own home. I don’t see how a holstered open carry would be brandishing (granted, I don’t understand a lot of politicians who are anti-firearm either so…)
Answering with your gun in your hand may or may not be an issue. It all depends on the situation. Do you have a peephole in your door or any other way you could see who is outside the door?
Happy Birthday, @Patrick3!
Dawn, I am aware of that. Candidly, this forum account will NEVER track back to me. Email used, connection IP’s, etc… are absolutely untraceable to me. I am a very reasonable person but with that said, it is wise for users to avoid any “public” comments that trace back to them personally. Legal defense wise; it could be argued (and I believe would be by a good attorney) that hours of attendance per week in this forum, would be used against you in court. We all love to post, respond, and make our opinions known. Why would I ever allow such opinions to enter a court case against me? Answer: I would NOT allow that correlation to happen. There is no participation in this forum that would EVER be a positive in a court case.
This is a great forum and the members here are that neatest 2A lovers I have found. Helpful is the operative attitude around here! I appreciate your concerns while looking out for things that your users post. It may sound a little “over the top” but I am a security buff and I believe it would be fruitful to insulate activity here from my real life. I hope this makes sense and doesn’t offend you or others.
Yes I can easily see through my door. The reason I started this thread was recently I was on the phone when there was a knock (after dark) at my door. I got up unarmed and answered the door with the phone in my hand but no sidearm. I didn’t even look through the glass in my door to investigate. I was totally and stupidly in condition white. I hope I never let that happen again. Who was at the door- a couple of young people out proselytizing.