There is no such thing as "brandishing" in Texas, particularly inside your own home.Shinesintx wrote:Earlier, I was reading Oklahoma law...and came across something interesting. In Oklahoma, you can open carry to your vehicle and to the range. This open carry includes ones property.
In a thread where the OP had an altercation with a door to door bad guy, the Ok law got me to thinking.
Open carry at the time the OP had his interaction with the door to door guy...may have prevented this altercation?
Is the law the same in Texas? Can I answer the door with a gun on my hip? Or, would that be brandishing? Maybe I was headed to my vehicle on my property...when the doorbell rang? I guess the answer will depend on what Texas law is?
I know that in some gun forums, there is usually someone who will post "open carry would have prevented this"...but in this case, would it have prevented anything?
Open carry (in the home) and door to door sales?
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Re: Open carry (in the home) and door to door sales?
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Re: Open carry (in the home) and door to door sales?
punkndisorderly wrote:Answering the door, gun in hand, and visible could cause problems. If you don't know the person, or aren't reasonably sure they're legit (ex: wearing a public works uniform and driving a city truck), just don't answer.
If someone does want to be a jerk, and calls 911 and accuses you of threatening or whatever, the cops are going to figure the person who calls is the good guy. When they show up, and you're armed, you've given them more indication that their assumption is correct. Then you can expect at least some unwanted attention. Maybe a LOT of it.
...no sale...been in Texas almost 30 years...never had that reaction...have found cops at the door several times with my .45 in my belt and invited 'em in and poured the coffee...and didn't know 'em...and they didn't know me...no problem...no questions...no adverse reaction...there's a lot more to a person for a cop to assess than does he have a gun on...and our cops seem to judge the situation much better than in your what-if world...as for hiding in my house and not opening the door if I don't know someone...get real, I can't believe grown men live that way...
...yeah, you use your head...yeah, you be careful and alert...but you don't live in fear and worried about what-if this and what-if that...that's not really living...I get so sick of these dark and dismal predictions...when 62 years of life experience haven't presented any of these horrible things...the sky AIN'T fallin'...at least 'round MY house...life is good...
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Re: Open carry (in the home) and door to door sales?
Good post. Seriously good post.speedsix wrote:punkndisorderly wrote:Answering the door, gun in hand, and visible could cause problems. If you don't know the person, or aren't reasonably sure they're legit (ex: wearing a public works uniform and driving a city truck), just don't answer.
If someone does want to be a jerk, and calls 911 and accuses you of threatening or whatever, the cops are going to figure the person who calls is the good guy. When they show up, and you're armed, you've given them more indication that their assumption is correct. Then you can expect at least some unwanted attention. Maybe a LOT of it.
...no sale...been in Texas almost 30 years...never had that reaction...have found cops at the door several times with my .45 in my belt and invited 'em in and poured the coffee...and didn't know 'em...and they didn't know me...no problem...no questions...no adverse reaction...there's a lot more to a person for a cop to assess than does he have a gun on...and our cops seem to judge the situation much better than in your what-if world...as for hiding in my house and not opening the door if I don't know someone...get real, I can't believe grown men live that way...
...yeah, you use your head...yeah, you be careful and alert...but you don't live in fear and worried about what-if this and what-if that...that's not really living...I get so sick of these dark and dismal predictions...when 62 years of life experience haven't presented any of these horrible things...the sky AIN'T fallin'...at least 'round MY house...life is good...
Re: Open carry (in the home) and door to door sales?
Paint the muzzle purple then ask them to describe your pistol. ;)couzin wrote:FWIW - all it would take is some salesperson (or a neighborhod kid, or just anyone actually), to go to the police with a complaint that you threatened/pointed a gun at them. You say 'but it never left my holster' - sure, may absolutely true, and surely the complainant wouldn't go making up some lie like that would they...???Shinesintx wrote:...Can I answer the door with a gun on my hip?...
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Re: Open carry (in the home) and door to door sales?
99% of the time I carry OWB with a covering shirt.
When I'm at home, that covering shirt is often changed out for something I don't mind getting dirty (in the yard, in the shop, riding on my property) that means most times at home I'm not concealed. Most days im home I great the rural mail carrier, get a UPS, FEDEX or DHL package, or some other service person. Not once have I ever been asked about the weapon, nor to the best of my observation has it been noticed in a bad way.
Perhaps that is do to living outside of town..... What ever it is, I like it.
When I'm at home, that covering shirt is often changed out for something I don't mind getting dirty (in the yard, in the shop, riding on my property) that means most times at home I'm not concealed. Most days im home I great the rural mail carrier, get a UPS, FEDEX or DHL package, or some other service person. Not once have I ever been asked about the weapon, nor to the best of my observation has it been noticed in a bad way.
Perhaps that is do to living outside of town..... What ever it is, I like it.
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Re: Open carry (in the home) and door to door sales?
A little clarification, i'm not advocating cowering in your home. I am saying that if you feel threatened to the point you greet your visitors gun in hand, not answering the door at all might be the better option. That's a little different than answering the door, or walking your property with the gun holstered but in plain view.
I've only had a cop show up at my door once (apartment where the previous tenant didn't pay his bills). I have a feeling their reaction will depend on why they're there. How they react when responding to a man with a gun call will likely be different than if they were selling tickets to a fundraiser.
A lot of what would be considered reasonable will depend on your personal situation, time of day, and the appearance of the person or people at your door.
I've only had a cop show up at my door once (apartment where the previous tenant didn't pay his bills). I have a feeling their reaction will depend on why they're there. How they react when responding to a man with a gun call will likely be different than if they were selling tickets to a fundraiser.
A lot of what would be considered reasonable will depend on your personal situation, time of day, and the appearance of the person or people at your door.
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Re: Open carry (in the home) and door to door sales?
yeah bear-chested I don't shavemr surveyor wrote:I live in (well...just outside of) small town too. I open carry on my vast 1/2+ acre estate all the time. If I have to walk next door (son on one side and good neighbor on the other) I normally at least have on a tee shirt I can untuck and cover with. What's up RPB, surely you don't go out bear chested do you
ooopppsss... I meant bare, not bear...well whatever...either one
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Re: Open carry (in the home) and door to door sales?
My ex-step brother, an ERT (Emergency Response Team, like SWAT) officer in Indiana, advises me that in Indiana, it's illegal for a male to be topless in public, (law was passed originally for females, but has to apply to males for 'equal protection under the law'" so I do that here when he visits ... just showing him Texas has some freedoms his State doesn't I imply he has to wear the Seinfeld "man-bra" or bathing suit top when he mows the lawn in his nanny-state, but I prefer no tan-lines.RPB wrote:yeah bear-chested I don't shavemr surveyor wrote:I live in (well...just outside of) small town too. I open carry on my vast 1/2+ acre estate all the time. If I have to walk next door (son on one side and good neighbor on the other) I normally at least have on a tee shirt I can untuck and cover with. What's up RPB, surely you don't go out bear chested do you
ooopppsss... I meant bare, not bear...well whatever...either one
Dr. Oz said I needed vitamin D from sunlight
I'm no lawyer
"Never show your hole card" "Always have something in reserve"
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Re: Open carry (in the home) and door to door sales?
punkndisorderly wrote:A little clarification, i'm not advocating cowering in your home. I am saying that if you feel threatened to the point you greet your visitors gun in hand, not answering the door at all might be the better option. That's a little different than answering the door, or walking your property with the gun holstered but in plain view.
I've only had a cop show up at my door once (apartment where the previous tenant didn't pay his bills). I have a feeling their reaction will depend on why they're there. How they react when responding to a man with a gun call will likely be different than if they were selling tickets to a fundraiser.
A lot of what would be considered reasonable will depend on your personal situation, time of day, and the appearance of the person or people at your door.
...well, now, that's a LOT different from what you posted before...but you misunderstand...answering MY door in MY home with gun in hand (or sticking in my belt), when I don't know who/what's there...assures that I don't feel the least bit threatened...even late at night...neither do they, unless they have a reason to be...I guess we just live a bit differently than you do 'round here
...we interact with our LEOs kinda well here...they're on our side, and we spoil 'em a little...
...your last sentence, now that I can agree with...
Re: Open carry (in the home) and door to door sales?
bronco78 wrote:99% of the time I carry OWB with a covering shirt.
When I'm at home, that covering shirt is often changed out for something I don't mind getting dirty (in the yard, in the shop, riding on my property) that means most times at home I'm not concealed. Most days im home I great the rural mail carrier, get a UPS, FEDEX or DHL package, or some other service person. Not once have I ever been asked about the weapon, nor to the best of my observation has it been noticed in a bad way.
Perhaps that is do to living outside of town..... What ever it is, I like it.
...in YOUR case, 'round here you'd get fussed at if we thought you WEREN'T carryin'...we love your kind in our neighborhood
Re: Open carry (in the home) and door to door sales?
I've had several contractors working in my house over the past few years putting in a new A/C unit, replacing the siding (Hardie Board is awesome, BTW), etc. I'm always tempted to OC when they show up to do the work - especially in cases where we have a signed contract, so they can't back out. I'd love to see their reaction and also demonstrate that bearing arms is nothing to be ashamed of. I've never gone through with it though. I always just cover it up and keep it secret.
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Re: Open carry (in the home) and door to door sales?
Don't you mean beard chested.RPB wrote:yeah bear-chested I don't shavemr surveyor wrote:I live in (well...just outside of) small town too. I open carry on my vast 1/2+ acre estate all the time. If I have to walk next door (son on one side and good neighbor on the other) I normally at least have on a tee shirt I can untuck and cover with. What's up RPB, surely you don't go out bear chested do you
ooopppsss... I meant bare, not bear...well whatever...either one
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Re: Open carry (in the home) and door to door sales?
We did a lot of remodeling a couple of years ago. A lot of different contractors in and out over a period of months. I had no idea if any of them were just out of prison, or otherwise unsavory characters. You bet I wanted them to see my gun. I never mentioned it or made any threatening comments or moves, but the mere fact of its presence I'm sure had the desired effect of letting guys know that this was not a house to steal anything from or otherwise break the law.TrueFlog wrote:I've had several contractors working in my house over the past few years putting in a new A/C unit, replacing the siding (Hardie Board is awesome, BTW), etc. I'm always tempted to OC when they show up to do the work - especially in cases where we have a signed contract, so they can't back out. I'd love to see their reaction and also demonstrate that bearing arms is nothing to be ashamed of. I've never gone through with it though. I always just cover it up and keep it secret.
It's my house, and if someone is uncomfortable being there with me carrying openly, they can go someplace else.
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Re: Open carry (in the home) and door to door sales?
...well done...I do 99% of my own stuff...but when someone I don't personally know comes in, they see I'm carrying...but that's the ONLY one they see...we have a close network of workers we know...that's seldom...a lot of our customers are glad we carry and give us keys and alarm codes...they know us pretty well...
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Re: Open carry (in the home) and door to door sales?
I am from AZ, then VA so OCing is just not a big deal, especially in my house. I live in one of those neighborhoods where people are tearing down the older houses and building Mcmansions. Constantly contractors... everywhere. I make it a point when I go home during the day to park in my driveway as far as possible from the front door and always OC to and from my car.Pistolero wrote:We did a lot of remodeling a couple of years ago. A lot of different contractors in and out over a period of months. I had no idea if any of them were just out of prison, or otherwise unsavory characters. You bet I wanted them to see my gun. I never mentioned it or made any threatening comments or moves, but the mere fact of its presence I'm sure had the desired effect of letting guys know that this was not a house to steal anything from or otherwise break the law.TrueFlog wrote:I've had several contractors working in my house over the past few years putting in a new A/C unit, replacing the siding (Hardie Board is awesome, BTW), etc. I'm always tempted to OC when they show up to do the work - especially in cases where we have a signed contract, so they can't back out. I'd love to see their reaction and also demonstrate that bearing arms is nothing to be ashamed of. I've never gone through with it though. I always just cover it up and keep it secret.
It's my house, and if someone is uncomfortable being there with me carrying openly, they can go someplace else.
The only things I struggle with is does this send out the message (A) Papa bear is armed so don't think of messing around on this side of the property line OR (B) HEY, HEY YOU, I HAVE GUNS!! Please wait until I leave or am not at home to rob the house and take them.
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