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  #31 (permalink)  
Old 10-19-2009, 11:16 PM
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Default 417 Pc

Legal Definition of Brandishing:

Section 417 Penal Code
(2) Every person who, except in self-defense, in the presence of
any other person, draws or exhibits any firearm, whether loaded or
unloaded, in a rude, angry, or threatening manner, or who in any
manner, unlawfully uses a firearm in any fight or quarrel is
punishable as follows......


I think we often misuse the term "brandish".
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  #32 (permalink)  
Old 10-19-2009, 11:27 PM
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I got no problem with it.....


Had it been my door, I would have placekicked the case right back into his face..... While screaming "The **** you do...."
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  #33 (permalink)  
Old 10-20-2009, 04:02 AM
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Yeah be careful wile holding a gun when answering the door. I always have it when answering the door but it's concealed in a holster so it cannot be seen.

There has been way to many home invasions in my area not to be armed when contacting people around my property.
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  #34 (permalink)  
Old 10-20-2009, 06:14 PM
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Quote:
Originally Posted by sfpcservice View Post
Legal Definition of Brandishing:

Section 417 Penal Code
(2) Every person who, except in self-defense, in the presence of
any other person, draws or exhibits any firearm, whether loaded or
unloaded, in a rude, angry, or threatening manner, or who in any
manner, unlawfully uses a firearm in any fight or quarrel is
punishable as follows......


I think we often misuse the term "brandish".
Just remember it's the perception of the victim that determines what is rude, angry or threatening. If the victim or witnesses can articulate to the responding LEOs why the victim felt threatened you are probably going to jail.

Keep it concealed until ready for self-defense.
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  #35 (permalink)  
Old 10-21-2009, 07:25 AM
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A lot of finger waving in this thread. While all of this is good discussion, let's not get confused about the specific instance of the OP. I doubt seriously that anyone on this forum makes a habit of answering doorbell with gun in hand...nor would they open the door if a caller shows signs of being threatening. In this case the good input addresses options and actions if things should get weird, once a seemingly normal visit goes awry. Consensus seems to be the OP showed good instincts and his actions were justified and appropriate.

Last edited by coq : 10-21-2009 at 07:27 AM.
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  #36 (permalink)  
Old 10-21-2009, 09:01 AM
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Quote:
Originally Posted by coq View Post
A lot of finger waving in this thread. While all of this is good discussion, let's not get confused about the specific instance of the OP. I doubt seriously that anyone on this forum makes a habit of answering doorbell with gun in hand...nor would they open the door if a caller shows signs of being threatening. In this case the good input addresses options and actions if things should get weird, once a seemingly normal visit goes awry. Consensus seems to be the OP showed good instincts and his actions were justified and appropriate.
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Old 10-21-2009, 08:07 PM
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Default Dogs....

I have several friends that get to the door before me. They make sure no one comes in unless we want them to, and in most cases the knocker pushes our steel screen door shut and moves back about 10' when I go to open the door.

These guys are better than a gun in many occcasions.

I know it's kind off subject, but .....

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Old 10-21-2009, 10:00 PM
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Quote:
Originally Posted by leitung View Post
Yeah be careful wile holding a gun when answering the door. I always have it when answering the door but it's concealed in a holster so it cannot be seen.
Anytime I'm concerned enough to answer the door with firearm in hand, it's in my hand, not in a holster. Not much different than a hinky traffic stop. Gun stays out of the sight of the suspicious character but readily available for instant use. Front door to me is a whole lot less than twenty feet....
And, yes, the weak side foot is appropriately positioned.

If the hair were standing up on the back of my neck then I'm not opening the door but, yes, I would let them know I'm home, just not available for them.

And +1 on the security door. I keep meaning to install one.......
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Last edited by Justaguy : 10-21-2009 at 10:04 PM.
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  #39 (permalink)  
Old 10-22-2009, 11:37 AM
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Wow-Alot of comments!

Yes, I want a security door. My last house had one-and I will be installing one once I get the money to do so.

I don't think you can be accused of brandishing if the gun is hidden It was behind the door the entire time and there was no way they saw anything.

I was thinking about punting the bag, but it was full of books-at least thats what they were "Selling" and it looked pretty heavy. Alot of good that kick would have done me with a broken foot

Thanks guys
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  #40 (permalink)  
Old 10-26-2009, 02:57 PM
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Quote:
Originally Posted by Mtn. Medic View Post
I hesitate to armchair quarterback as I obviously wasn't there.

But I can't help but think that I would not have drawn my pistol. My hand wrapped around it's grip ready to rock? Absolutely.

Jamming the door with a briefcase seems to be a long ways from perceiving a threat on my life. It doesn't sound like the creepy salesmen were trying to force entry, just hold you captive to their pitch.

No life threat, my pistol stays in it's holster.
A good kick to the door and a rush from the two guys would have prevented someone from drawing their gun. Anyone who thinks they can draw faster than someone else can get on top of them is a fool. You need 21' to be able to draw, aim, and fire on a target that is moving towards you.

Someone keeping you from securing your door is a threat, even if you think it's minor. One can only assume what their intentions are. Home invasion robberies are prevalent, and what better way to get someone to open the door than with a suit and a smile?
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Old 10-26-2009, 07:56 PM
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Another recommendation: If there's a knock at the door, and circumstances like this occur, FIRST, BEFORE YOU OPEN THE DOOR, Stop, and carefully read De Becker, The Gift of Fear. If you don't have a copy, drive to a bookstore and buy it, then read it. When you're done reading it, then decide whether or not you are going to open the door, and how you are going to do it.
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