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Thread: Question about handling a gun

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    If you are on your own your own property can you hold your handgun in your hand and walk around legally as long as you are not pointing it at anyone or anyone's house?

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    Regular Member dougwg's Avatar
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    I suppose yes, how else would you hunt on your property.

    If your property is in an area that is NOT open to hunting, then you should keep your handgun in it's holster.

    Bad things can happen while walking around with a gun in your hand if you trip and fall.



    Why are you asking this question might I ask.

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    I realize that keep a gun holstered is the safest thing to do.

    I saw a guy a few miles from myhouse walking around his yard with a handgun in his hand, but he did have a property that had some acreage, but he was about 10 feet from the busy road I was on and still walking towards the road.

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    A gun that is out of the safe should either be in use, or slung or holstered. This is important because of safety reasons, as well as legal reasons, specifically brandishing charges.

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    Regular Member dougwg's Avatar
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    Give us more info!



    Could he have been small game hunting?

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    dougwg wrote:
    Give us more info!

    Could he have been small game hunting?
    Could have been? I'm not sure. He lives off a major road (thought this road is only about 1/2 mile to a mile fromone end to the other), but that area has houses and a section of land that is undeveloped with trees, but houses arenot that far away. He was on the undeveloped area walking towards the road with a handgun in his hand, and his truck was behind him parked on the property about 25-30 feet from the road.

    If you were small game hunting, or hunting anything for that matter on that land you had better be in a tree standand be pointing your gun at a 45 degree angle when you shoot so that the bullet would be guaranteed to go right into the ground.

    Like I said, I was driving by and happened to be looking in the direction he was and noticed he had a handgun in his hand. It was pointed down at the ground, but never-the-less in his hand. I didn't see a problem with it, I was just curious what the laws were regarding that situation.

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    T Vance wrote:
    SNIP
    Like I said, I was driving by and happened to be looking in the direction he was and noticed he had a handgun in his hand. It was pointed down at the ground, but never-the-less in his hand. I didn't see a problem with it, I was just curious what the laws were regarding that situation.
    Maybe he was attempting to control the mole population in his yard.

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    From the information you have given us, he wasn't in violation of any laws.

    With the proper license in season, you can hunt from the road if you can legally hunt the land adjacent.

    You sound as bad as most of the anti's, there*SHOULD* be a law because something *COULD* happen .

    "If you were small game hunting, or hunting anything for that matter on that land you had better be in a tree standand be pointing your gun at a 45 degree angle when you shoot so that the bullet would be guaranteed to go right into the ground"

    How about shooting at a 60 degree angle? Can you "guarantee there are no rocks in that ground to cause a ricochet ?

    Can you ever guarantee anything is 100% safe?

    He may have been getting ready to defend himself from that crazy person in that car that he didn't know if they had a drivers license.

    Not really picking on you, just playing devils advocate here..

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    Leader wrote:
    You sound as bad as most of the anti's, there*SHOULD* be a law because something *COULD* happen .

    Not really picking on you, just playing devils advocate here..
    Like I said, I didn't have any problems with what he was doing. I'm assuming it was his handgun, and I'm assuming it was his property. I was just curious on the laws, this way I know what I can and can't do. I have never seen this situation, so a light bulb went off in my head.

    So I'm not trying to sound like anyone, especially the "anti's"...

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    Leader wrote:
    How about shooting at a 60 degree angle? Can you "guarantee there are no rocks in that ground to cause a ricochet ?

    Can you ever guarantee anything is 100% safe?
    Not really picking on you, just playing devils advocate here..
    I know that there could be a range of angles that someone could shoot at and still hit the ground, I just went with 45 degree angle so you all got the idea of what might happen if you were to shhot straight.

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    Well... If it was his land, he wouldn't need a hunting license to hunt ground hogs at anytime of the year. The only thing he would need is his hunters orange and be aware of the safety zones.

    If target shooting, neither of those apply.

    No law about shooting from a road rightof way or near one.



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    T Vance wrote:
    Leader wrote:
    How about shooting at a 60 degree angle? Can you "guarantee there are no rocks in that ground to cause a ricochet ?

    Can you ever guarantee anything is 100% safe?
    Not really picking on you, just playing devils advocate here..
    I know that there could be a range of angles that someone could shoot at and still hit the ground, I just went with 45 degree angle so you all got the idea of what might happen if you were to shhot straight.
    Any hunter's safety course should teach you about identifying everything between you and your target and what is beyond... before you fire. A bullet could ricochet off something in the ground just as easily as the side of a tree, a branch, etc.

    When you go to the range, do you always shoot from an elevated position?

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    Hendu024 wrote:
    When you go to the range, do you always shoot from an elevated position?
    Nope...Like I said, I was just curious about the laws. I DON"T KNOW WHAT HE WAS DOING WITH THE GUN

    The reason I brought up shooting at an angle was because if you were to shoot straight in that area THAT HE WAS IN, it wouldn't be long before it eventually hit a house, car, or the bullet crossed a road. I understand how richochet works.

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    Just checking, simmah down.

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    I'm glad you brought this up T Vance. I have heard hearsay that someone in an urban area was brought up on charges of brandishing because someone saw him with his gun INSIDE his own home through a window.

    The more practical reason I am curious though is because on two occasions recently I have heard strange sounds in my front yard late at night. At night I am usually not in my jeans and holster so I go out with pistol in hand trying to sort of hide it behind my body so anyone from the street will not see it.
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    JeffSayers wrote:
    I'm glad you brought this up T Vance. I have heard hearsay that someone in an urban area was brought up on charges of brandishing because someone saw him with his gun INSIDE his own home through a window.
    I've wondered that too. Besides having a house, I also have an apartment and wondered what would happen if someone was walking by my window while I had one of my guns out (specifically in my hand). Could that be considered brandishing if I was waving it around in my own apartment.

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    T Vance wrote:
    JeffSayers wrote:
    I'm glad you brought this up T Vance. I have heard hearsay that someone in an urban area was brought up on charges of brandishing because someone saw him with his gun INSIDE his own home through a window.
    I've wondered that too. Besides having a house, I also have an apartment and wondered what would happen if someone was walking by my window while I had one of my guns out (specifically in my hand). Could that be considered brandishing if I was waving it around in my own apartment.
    If the person was brandishing it in a threatening manner, like pointing at someone in the house, or at someone outside the house, then I can see that.

    I don't think that just handling your firearm in your house is brandishing. Otherwise you wouldn't be allowed to load or unload it, or clean it, or show it to friends. Let keep things in perspective.

    I have often cleaned my guns outside on my patio table in front of god and everyone.
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    Venator wrote:
    T Vance wrote:
    JeffSayers wrote:
    I'm glad you brought this up T Vance. I have heard hearsay that someone in an urban area was brought up on charges of brandishing because someone saw him with his gun INSIDE his own home through a window.
    I've wondered that too. Besides having a house, I also have an apartment and wondered what would happen if someone was walking by my window while I had one of my guns out (specifically in my hand). Could that be considered brandishing if I was waving it around in my own apartment.
    If the person was brandishing it in a threatening manner, like pointing at someone in the house, or at someone outside the house, then I can see that.

    I don't think that just handling your firearm in your house is brandishing. Otherwise you wouldn't be allowed to load or unload it, or clean it, or show it to friends. Let keep things in perspective.

    I have often cleaned my guns outside on my patio table in front of god and everyone.
    Again, that was hearsay; could be an urban legend for all I know. But I do know I have also heard of people being charged with indecent exposure because someone was being nosey at the wrong time. I never understood why the peeping toms weren't charged with invasion of privacy instead.
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    Venator wrote:
    T Vance wrote:
    JeffSayers wrote:
    I'm glad you brought this up T Vance. I have heard hearsay that someone in an urban area was brought up on charges of brandishing because someone saw him with his gun INSIDE his own home through a window.
    I've wondered that too. Besides having a house, I also have an apartment and wondered what would happen if someone was walking by my window while I had one of my guns out (specifically in my hand). Could that be considered brandishing if I was waving it around in my own apartment.
    If the person was brandishing it in a threatening manner, like pointing at someone in the house, or at someone outside the house, then I can see that.*

    I don't think that just handling your firearm in your house is brandishing.* Otherwise you wouldn't be allowed to load or unload it, or clean it, or show it to friends.* Let keep things in perspective.

    I have often cleaned my guns outside on my patio table in front of god and everyone.
    True. To take it a bit further, IMO, I don't think there is anything legally wrong with walking down the sidewalk with a gun in hand, as long as you aren't brandishing (waving around, threatening, etc).

    Would I do it? Probably not.
    Would I feel comfortable with a stranger walking this way? Probably not. Do I think it's brandishing? No.

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    JeffSayers wrote:
    Again, that was hearsay; could be an urban legend for all I know. But I do know I have also heard of people being charged with indecent exposure because someone was being nosey at the wrong time. I never understood why the peeping toms weren't charged with invasion of privacy instead.
    I have never heard of the nosey ar the wrong time charges but I know that many have been warned and some charged for putting on an exhibition in their front room beside the street for all to see, almost like a showroom.

    A neighbor down the street went into her 14 year-old son's room one night and noticed that the 18 year-old girl across the street was undressing and dancing around right in front of her window with the shades up. I didn't ask what the mother did about it.

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    JeffSayers wrote:
    I'm glad you brought this up T Vance. I have heard hearsay that someone in an urban area was brought up on charges of brandishing because someone saw him with his gun INSIDE his own home through a window.

    The more practical reason I am curious though is because on two occasions recently I have heard strange sounds in my front yard late at night. At night I am usually not in my jeans and holster so I go out with pistol in hand trying to sort of hide it behind my body so anyone from the street will not see it.
    wow... i live in the city, on a corner, with large windows.... am i going to get in trouble for indecent exposure since i regularly walk around naked? lol

    And my husband has done the same thing walking around the yard with his pistol... you have to read the Castle doctrine carefully though, memorize it if necessary.

    As far as i have seen there is no law keeping someone from carrying in hand a pistol on their own property...

    like others have said, he could have a number of valid reasons for doing so.

    -maybe he had some sort of bothersome animal on his property he was trying to kill (ie: my mom shot a possum bc it kept getting into the garage, and kept falling into and getting trapped in the window well, and after about a week of this she saw it scurrying in the yard again by the garage, and she caught it and shot it)

    -maybe he was going to target shoot?

    -maybe it wasn't his gun, maybe someone dropped it on to his property and he picked it up? living in the city, I have had drugs/guns/contraband dropped on my property while people were running from police and trying to hide stuff..I'm smart enough not to touch it and let the police handle it though.

    -maybe he hit an animal driving down the road and it survived/injured and he was looking for it to kill it so it wouldn't suffer? (something that has happened to me before, and my friends made me stop so they could find the deer and kill it bc it was definitely badly injured)

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    stephgrinage23 wrote:
    wow... i live in the city, on a corner, with large windows.... am i going to get in trouble for indecent exposure since i regularly walk around naked? lol
    I couldn't read past this.:shock: Aaaah where was it that you lived? Just a general area will do.
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    Venator wrote:
    stephgrinage23 wrote:
    wow... i live in the city, on a corner, with large windows.... am i going to get in trouble for indecent exposure since i regularly walk around naked? lol
    I couldn't read past this.:shock: Aaaah where was it that you lived? Just a general area will do.
    haha!

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    I suspect that if many on this board were to walk around naked in front of their windows that they would be arrestedas a health hazard. Making everyone throw up from the sight. :what:

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    I call it a deterrent .... I am sure many of you have heard Bill Engvall on the topic of how his father checked out suspicious noises.... a baseball bat and his boxers.... and how the gap in the boxers was the factor that struck fear into the heart of the criminal!!
    Anything I post may be my opinion and not the law... you are responsible to do your own verification.

    Blackstone (1753-1765) maintains that "the law holds that it is better that ten guilty persons escape than that one innocent suffer."

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