Legal Question - Answering door with gun in holster?

SilentKTexan · Jan 2, 2009

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Anyone know the legality of answering the door with your gun in holster? I wear it around as a matter of habit and never think twice about it... But am curious about the possible legal action and/or criminal charges that could happen if answering the door with gun visible.

Thanks

KBCraig · Jan 2, 2009

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You can carry however you prefer on your own property. I regularly OC in my yard. The only time I would throw on a cover garment when answering the door, is if it's one of my wife's clients (no need to add that additional element to her business).

Here's the law:

§ 46.02. UNLAWFUL CARRYING WEAPONS. (a) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun, illegal knife, or club if the person is not:
(1) on the person's own premises or premises under the person's control;

Since there is no crime of UCW on your own property, there is no legal concern at all.

FoGKeebler · Jan 2, 2009

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I always answer the door with my firearm in the open. Out of habit I always answer the door with my strong side away from the door. With all the home invasion's that have been happening recently I don't think it would be wise to answer the door with a concealed firearm, The extra seconds it takes to pull your firearm from a concealed location could mean a lifetime when someone try's to force they're way in.

Granted its not illegal but if it were, I would rather spend some time in jail knowing my family is safe and a bad guy is dead then the other way around. If the people knocking on my door got offended or scared then they shouldn't be knocking on a strangers door.

SilentKTexan · Jan 2, 2009

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Ok. Thanks for the replies.

drjoker · Feb 21, 2009

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Thug police in certain precincts may interpret that as "brandishing" and arrest you then place you in a jail cell with violent gangbangers, and hope you end up dead.

You may be able to beat the rap as you are not doing anything illegal, but you may not be able to beat the arrest.

Just put your gun in a paper sack when you answer the door. You can shoot through it and it is not "brandishing".

Grapeshot · Feb 21, 2009

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drjoker wrote:

Thug police in certain precincts may interpret that as "brandishing" and arrest you then place you in a jail cell with violent gangbangers, and hope you end up dead.

You may be able to beat the rap as you are not doing anything illegal, but you may not be able to beat the arrest.

Just put your gun in a paper sack when you answer the door. You can shoot through it and it is not "brandishing".

Any unnecessary handling of your gun increases the possibility of a life changing event. I understand the thinking and there might be a time for that maneuver. Normally answering the door is not the time IMO. You do ask/determine who is there before you open the door - right?

Yata hey

sheepdog · Feb 22, 2009

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...I answer the door with a gun in my hand behind my leg anytime I don't recognize who's at the door or if I'm not expecting anyone....it goes doorbell, gun, door....often burglars will ring the doorbell before kicking it open....picture yourself peering through the peephole emptyhanded when the door gets kicked open.....one morning around 10 am, the doorbell rang, I picked up my .45 and answered the door....a young cop stood there...I told him "Come in, let me put this down...want some coffee???".....laid it on the kitchen counter and went on without him even blinking....I'd called a coupla days earlier about some kids playing in a vacant house and I didn't expect them to come by...I wouldn't be so relaxed in Houston, which seems to act more like New Orleans, on the DA's part, anyways....

a knock at the door or a ring or a rattle means someone wants in...till I'm sure who it is...I'm armed...times have changed.......in Texas, totally legal....

Grapeshot · Feb 22, 2009

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sheepdog wrote:

...I answer the door with a gun in my hand behind my leg anytime I don't recognize who's at the door or if I'm not expecting anyone....it goes doorbell, gun, door....often burglars will ring the doorbell before kicking it open....picture yourself peering through the peephole emptyhanded when the door gets kicked open.....one morning around 10 am, the doorbell rang, I picked up my .45 and answered the door....a young cop stood there...I told him "Come in, let me put this down...want some coffee???".....laid it on the kitchen counter and went on without him even blinking....I'd called a coupla days earlier about some kids playing in a vacant house and I didn't expect them to come by...I wouldn't be so relaxed in Houston, which seems to act more like New Orleans, on the DA's part, anyways....

a knock at the door or a ring or a rattle means someone wants in...till I'm sure who it is...I'm armed...times have changed.......in Texas, totally legal....

Never meant to imply one shouldn't be armed at home - I am every waking moment.

The gun in hand in a bag thing each time you answer the door is a bit unnecessary.
Gun is either in holster, in hand behind leg or at low ready depending on what is occurring. Haven't had to go beyond that......yet. Hope I never will.

Yata hey

sheepdog · Feb 22, 2009

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...I got your meaning, Grapeshot...I didn't address the gun-in-bag trick but it's good for business-to-car and car-to-home when you can't legally carry...with a revolver...sure is a good chance to make a semi-auto hang up as it cycles....I don't think the bag would have any merit at the front door...and could make you fumble...since a gun in your home is 100% legal here....I wouldn't do it....you're one of the easiest to understand here...didn't misread you....even though I am hard of hearing....

...side note...a second deadbolt at knee level with knob on the inside not key adds a lot of strength...buys us time, and is no fire hazard....3 or 3 1/2" screws into the jamb and studs...180 degree peepholes where you can see what's in their hands down at their sides, even....and a motion detector light that puts a spotlight on them from outside...instant daylight and a big intimidation factor...not just a porch light...gotta sell Mama on that last...it ain't purty....

Grapeshot · Feb 22, 2009

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sheepdog wrote:

...I got your meaning, Grapeshot...I didn't address the gun-in-bag trick but it's good for business-to-car and car-to-home when you can't legally carry...with a revolver...sure is a good chance to make a semi-auto hang up as it cycles....I don't think the bag would have any merit at the front door...and could make you fumble...since a gun in your home is 100% legal here....I wouldn't do it....you're one of the easiest to understand here...didn't misread you....even though I am hard of hearing....

...side note...a second deadbolt at knee level with knob on the inside not key adds a lot of strength...buys us time, and is no fire hazard....3 or 3 1/2" screws into the jamb and studs...180 degree peepholes where you can see what's in their hands down at their sides, even....and a motion detector light that puts a spotlight on them from outside...instant daylight and a big intimidation factor...not just a porch light...gotta sell Mama on that last...it ain't purty....

+ side notes: 3-3 1/2" screws in hinges and my favorite trick is buzzer alarm contacts on storm doors - do not like people opening even my storm door - will alert me to "things aren't right" when door bell rings.

Motion detector lights have one head aimed directly at entrance door. Also have manually controlled halogen floods at key locations. I've thought about closed circuit TV - the prices have come way down - then I'd probably have to add a recorder.

Solar lights are located behind well trimmed shrubbery - that is purty and eliminates dark places. The light is soft, looks good from the street and puts just enough light on the windows to prevent seeing shadows of occupants.

Light on the subject is my friend and their enemy. Would rather prevent than be forced to stop.

Yata hey

sheepdog · Feb 23, 2009

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...like the idea of an announcement buzzer on the outside screen/storm door....hmmm.....

Ian · Feb 23, 2009

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I find it helps to get door to door salesmen on their way

FoGKeebler · Feb 25, 2009

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Ianmtx wrote:

I find it helps to get door to door salesmen on their way

Indeed. I had TXU come and knock on my door the other day. The first thing the guy does is notice my firearm on my hip, it startled him because he fumbled his words as he started to give his sales pitch:lol:. That is the first time I have said I was not interested and they walked away with out continuing to get me to buy into what they were selling.

As quick as this guy left and as startled as he seemed to be, I would expect he had to go clean himself. :shock:

Ian · Feb 25, 2009

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FoGKeebler wrote:

Ianmtx wrote:

I find it helps to get door to door salesmen on their way

Click to expand...

Indeed. I had TXU come and knock on my door the other day. The first thing the guy does is notice my firearm on my hip, it startled him because he fumbled his words as he started to give his sales pitch:lol:. That is the first time I have said I was not interested and they walked away with out continuing to get me to buy into what they were selling.

As quick as this guy left and as startled as he seemed to be, I would expect he had to go clean himself. :shock:

:lol::celebrate

Legal Question - Answering door with gun in holster?

SilentKTexan

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KBCraig

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