I have to ask this question (answering your door armed)

[Smoke]

So, I opened the door and let the 9mm do the talking for me. He saw it, and couldn't get off my front porch fast enough.

Just so we're clear, what you are describing is Felony Menacing in Colorado

CRS 18-3-206. Menacing(1) A person commits the crime of menacing if, by any threat or physical action, he or she knowingly places or attempts to place another person in fear of imminent serious bodily injury. Menacing is a class 3 misdemeanor, but, it is a class 5 felony if committed:

(a) By the use of a deadly weapon or any article used or fashioned in a manner to cause a person to reasonably believe that the article is a deadly weapon; or

(b) By the person representing verbally or otherwise that he or she is armed with a deadly weapon.

 

[Smoke]

It's exactly this kind of attitude......that generates this kind of response...?

I am aware, I said I didn't do it long. I did it for about two weeks, just long enough to realize I couldn't do it honestly and make a living

RevTracy,
You do realize that that is a clear case of brandishing, right?

The word "brandish" does not appear anywhere in the Colorado Revised Statutes if you reference my post above the Statute calls it Felony Menacing and it's worth 2 years in the State Pen

 

[Mike McLellan]

My light is a steady green. Occasionally it elevates to yellow. It has never, in 67 years, gone to red. I'm cool with that.

 

[Rastoff]

The word "brandish" does not appear anywhere in the Colorado Revised Statutes if you reference my post above the Statute calls it Felony Menacing and it's worth 2 years in the State Pen

Yeah, it's a CA term. There is an actual legal definition of "brandishing" that's similar to the CO code, but has a lesser penalty. Rest assured, if you did it here, and they filed charges, there's enough in the law to turn it into a felony.

My light is a steady green. Occasionally it elevates to yellow. It has never, in 67 years, gone to red. I'm cool with that.

Are you making a joke or have you never heard of the color code of awareness?

 

[DaGOOSExyz]

It's my home and my life. If I choose to go to the door armed that's
my choice. If I choose to not answer the door that's my choice. If I
choose to ask through the closed door "Who are you and what do you
want?" That's my choice. Of course if the person is known to me and
safe I will act different than if it's a stranger. The days of opening your
door to any and all have long been over.

 

[dimedog]

I think good ole Joe B. said it best when he so intelligently suggested;

"Well, you know, my shotgun will do better for you than your AR-15, because you want to keep someone away from your house, just fire the shotgun through the door."

Words of wisdom

 

[TexasArmed]

Just so we're clear, what you are describing is Felony Menacing in Colorado

Quote:
CRS 18-3-206. Menacing(1) A person commits the crime of menacing if, by any threat or physical action, he or she knowingly places or attempts to place another person in fear of imminent serious bodily injury. Menacing is a class 3 misdemeanor, but, it is a class 5 felony if committed:

(a) By the use of a deadly weapon or any article used or fashioned in a manner to cause a person to reasonably believe that the article is a deadly weapon; or

(b) By the person representing verbally or otherwise that he or she is armed with a deadly weapon. quote closed.

Thank goodness Texas don't have such a provision, or we would have to lock up half of the law abiding residents of Texas.
You knock on doors late at night and in the wee hours of the morning, your very likely to be greeted by someone with a gun
in their hands. I prefer not answering the door.

However, I prefer not to announce to any such visitor that I am armed or to alert them in any way to my location. Its sort of like letting them know to come back at another time when you don't answer so they can walk in and haul off everything.

I am sure threatening someone with a gun outside your residence at a local store would likewise get you arrested in Texas but certainly nobody would be arrested for coming to their door with a gun unless they have some sort of criminal record. The problem I see with coming to the door late at night with a gun might give the visitor a chance to grab for it. I don't
believe in giving them that chance. I prefer all the odds in my
favor in the event his intentions are to burglarize or do home invasion.

Some of them late night dope heads might grab for a loaded gun because they are so high on drugs their better judgment is impaired.

 

[Smoke]

Thank goodness Texas don't have such a provision, or we would have to lock up half of the law abiding residents of Texas.
You knock on doors late at night and in the wee hours of the morning, your very likely to be greeted by someone with a gun
in their hands.

I suggest you go back and re read the post I was answering. The poster didn't just come to the door armed he used the gun to threaten someone who wasn't threatening him

 

[TexasArmed]

I try to follow all the cases that come up in Texas. I have never seen a case where the home owner was arrested for doing anything with a handgun, regardless of how the visitor
interpreted it. Some visitors, including criminals would claim
that the homeowner threatened them with a gun. That's not
likely to stand up in a Texas court unless there is video to support the late night visitor's claim of being threatened, and or audio to support the visitor's claim of being threatened,
and even then I doubt an arrest would be made.

Your post referred to Colorado which has been in the news
a lot lately over gun issues. So I would not be surprised at someone being arrested there based upon a claim made by a
late night visitor. And many states are less friendly to homeowners than others, with respect to their actions.
In Texas there is no restriction to coming to the door with
a gun in your hand on your own property. Colorado is off
my list to travel to anyway since the publicity it has received
during the past year or so.

But the whole point of avoiding any problems altogether is
to remain safely inside your home and only take action in the
event the late night visitor attempts to break in on the homeowner.

 

[TexasArmed]

I can give you one good reason to answer the door, at least where I live. If you don't, you are setting yourself up for a burglary that will turn into a home invasion.

Here's how it works, and as a Police Officer, I am sure you know this.

They knock on your door. Usually it is during the day. If someone answers they come up with something lame. Like asking for directions or if you need work done around your home.

If no one answers, they slip around back, try the back door, try the windows, and if they find something open, your home gets burglarized.

Now, if you ARE home and don't answer the door, and the bad guy comes in, you have a highly volatile situation on your hands.

It's better, at least in my mind, to let them know in no uncertain terms that the anti gun neighbor is a much better target for them than my home is ever going to be.

Yes its a problem if they make it inside the home. And the state you live in makes a great deal of difference. Here is a
case that interested me that happened in Maryland.
A man's home is his castle, except in Maryland. Man shoots intruder at 2am, gets charged with murder - Bullets First | Bullets First
maryland-man-shoots-intruder-2am-gets-charged-murder/

In Texas this homeowner would never have been charged,
unless the shooting took place outside the homeowner's home.
But in Maryland the laws are different. In Texas if he were charged it would have been no billed by the grand jury.

For one thing everyone ought to have a secure door, so secure that it is clear beyond doubt that the intruder broke his way in.
If it is during the day, more folks are far more likely to open the
door than at night, so I suspect that those wanting to do a burglary most likely will check during the day time, to try and
see if a homeowner is home or not. If the would be intruder is
high on meth he is not likely to care whether you are home at
night, or daytime either one, but is only interested in stealing
something of value to support his habit. As for slipping around
back I am glad I have no back door, so there is only one avenue
for someone to come in with secure windows.

 

[Smoke]

Your post referred to Colorado which has been in the news a lot lately over gun issues. So I would not be surprised at someone being arrested there based upon a claim made by a late night visitor.

Again, I'm going to recommend that read the post I was responding to. The claim wasn't made by a late night visitor; the claim was a direct confession by the homeowner. "The guy wouldn't leave so I showed him my gun"

Shows how wrong some sales people can be. I did have a persistent salesman at my door, along with two of his buddies. He was selling roof repairs...I talked through the door, but he wouldn't take "no" for an answer. So, I opened the door and let the 9mm do the talking for me. He saw it, and couldn't get off my front porch fast enough.

I'd guess even in Texas it's not too hard to get a conviction with a confession.

 

[TexasArmed]

If he came in the daytime he would certainly have seen my guns. And I would have told him to leave. If he stuck his foot in the door to keep me from closing it I would have drawn my guns as well.

I doubt what this poster said would be used to charged him
in Texas based upon a report filed by the salesman. I have
not seen any such cases that stood up in Texas, but there could
be one I missed. Telling a man to leave in Texas and him refusing to leave private property gives the homeowner a lot
of leeway.

 

[timn8er]

After what I believe was going to be a home invasion, I'm never more than an arm's reach from a pistol, & I mean never. I may answer the door with a pistol(out of sight)but generally only at night. I will look out the peep glass to see if I know the person first, & that of course will determine how I proceed.

 

[Badkarma 1]

I see this here and on other forums all the time, people post that they always answer their door to strangers with a gun in hand, maybe not visible to the person at the door but always in hand.

I was always taught that if you wouldn't do it without a gun you shouldn't do it with a gun so I have to ask, if the person you're opening the door for is that much of a concern that you need to do it with a gun in your hand why even open the door at all?

"if you wouldn't do it without a gun you shouldn't do it with a gun" So why would you go out your door? Of carry a piece in protection?

As too answering the door with a piece, speakin for myself, I have motion lights but I tend to have a piece on my person whilst at home ALWAYS! Am I paranoid? No just prudent, and don't feel like being food for the wolves. After 8pm the doors are locked and I don't answer them, if someone does enter my yard and knocks on the door, I answer via a darkened window, if they require help I will gladly call the proper folks. If I sense the need to open the door there is a pistol in my pocket or tucked in my pants.

Finally I do believe its up to each and every one of us too decide how we handle said situation, but thanks for the concern.
Dale

 

[RevTracy]

RevTracy,
You do realize that that is a clear case of brandishing, right?

Only in So. Cal where you live. I know...I was born and raised there and lived there for 48 years. However, where I live NOW, this is not brandishing. Why? Because I was in my home, not on the street! Before making a claim that someone is clearly brandishing you should be certain of the circumstances.

 

[RevTracy]

Let me be clear...when I said I let my 9mm do the talking, I DID NOT raise my weapon, or point it in the direction of the unwanted trespasser. I simply had the weapon in my hand, at my side, pointing to the floor in a safe manner. I DO understand what brandishing is and I would never do that. I was in my own home, minding my own business...I was not threatening nor did I say anything that could be considered threatening. Just wanted to clarify that.

 

[Smoke]

Only in So. Cal where you live. I know...I was born and raised there and lived there for 48 years. However, where I live NOW, this is not brandishing. Why? Because I was in my home, not on the street! Before making a claim that someone is clearly brandishing you should be certain of the circumstances.

They may not call it brandishing but it's just as illegal here in Colorado where you live as it is in Southern California where he lives

However, where I live NOW, this is not brandishing. Why? Because I was in my home, not on the street!.

Care to cite a specific Colorado statute to support that?

 

[Smoke]

Let me be clear...when I said I let my 9mm do the talking, I DID NOT raise my weapon, or point it in the direction of the unwanted trespasser. I simply had the weapon in my hand, at my side, pointing to the floor in a safe manner. I DO understand what brandishing is and I would never do that. I was in my own home, minding my own business...I was not threatening nor did I say anything that could be considered threatening. Just wanted to clarify that.

You might want to read the Statute again

CRS 18-3-206. Menacing(1) A person commits the crime of menacing if, by any threat or physical action, he or she knowingly places or attempts to place another person in fear of imminent serious bodily injury. Menacing is a class3 misdemeanor, but, it is a class 5 felony if committed :

a) By the use of a deadly weapon or any article used or fashioned in a manner to cause a person to reasonably believe that the article is a deadly weapon; or

(b) By the person representing verbally or otherwise that he or she is armed with a deadly weapon.

By your own admission the guy wouldn't leave so you let him see your gun to run him off. What you did was Felony Menacing in Colorado

 

[TexasArmed]

Only in So. Cal where you live. I know...I was born and raised there and lived there for 48 years. However, where I live NOW, this is not brandishing. Why? Because I was in my home, not on the street! Before making a claim that someone is clearly brandishing you should be certain of the circumstances.

Texas does not have a brandishing law. Our law is intentional un concealment. But there Is no law requiring the weapon to be kept concealed in your home. However, in our vehicle we must keep the handgun concealed.

I did not interpret your statement as if you were doing anything threatening toward the unwelcome salesman. And he could have been a criminal posing as a salesman just to gain entry. California laws change so frequently I would hate to live in that state and try keeping up with them. One day one handgun is legal, next day its not. Isn't Colorado the state you live in, one that laws have recently been changing a lot there, like limiting capacity of magazines?

But I think the best policy would be to not answer the door, nor even let him know your home. If
a criminal wants to break in surely you can stop him coming through the door even in Colorado. I lived in a state once though that required you to retreat to the remote part of your home.

 

[Rastoff]

Yes, I realize now that the term "brandishing" may only apply to CA. Sorry for any confusion.

Let me be clear...when I said I let my 9mm do the talking, I DID NOT raise my weapon, or point it in the direction of the unwanted trespasser.

Based on the comment, "...let the 9mm do the talking for me" I gather that you intended for the person at the door to see the gun. I also got from it that you intended to scare the guy away. At least that's what it sounded like to me.