Is it illegal to answer the door with a loaded gun? | TigerDroppings.com

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fr33manator
LSU Fan
Baton Rouge
Member since Oct 2010
51079 posts

Is it illegal to answer the door with a loaded gun?



Just a question. Had one of those damn theives with the lame excuse of some nonexistent company selling some kind of cleaner, in reality they go around casing houses, trying to get gullible people to let them in on false pretenses, then steal stuff or case the joint to see if there is anything worth robbing. I've seen it before. "selling magazine subscriptions" " organic cleaner" etc. So, if they are on my property, can I point my gun at them and let them know I'm on to them and to get the eff out of my neighborhood? I called the cops but they hardly ever do anything about it.






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TN Bhoy
USA Fan
Sketty, Wales
Member since Apr 2010
44014 posts

re: Is it illegal to answer the door with a loaded gun?


Why not just open the door with a gun at your side?


This post was edited on 2/28 at 9:43 pm


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Toddy
Ole Miss Fan
Atlanta
Member since Jul 2010
20620 posts

re: Is it illegal to answer the door with a loaded gun?


quote:

Just a question. Had one of those damn theives with the lame excuse of some nonexistent company selling some kind of cleaner, in reality they go around casing houses, trying to get gullible people to let them in on false pretenses, then steal stuff or case the joint to see if there is anything worth robbing. I've seen it before. "selling magazine subscriptions" " organic cleaner" etc. So, if they are on my property, can I point my gun at them and let them know I'm on to them and to get the eff out of my neighborhood? I called the cops but they hardly ever do anything about it.



Is crime really that bad in Baton Rouge? Some of y'all act like you live in a third world country.






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LSUtoOmaha
LSU Fan
Nashville
Member since Apr 2004
21210 posts

re: Is it illegal to answer the door with a loaded gun?


Maybe, but I doubt you can point it at them or threaten them unless they attempt to enter your residence.





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fr33manator
LSU Fan
Baton Rouge
Member since Oct 2010
51079 posts

re: Is it illegal to answer the door with a loaded gun?


It's more of an intimidation factor, but I'd like to know if I can be charged with some BS legal crap. An unloaded gun is just a paperweight.
And crime is not bad in my area, but if these thieves are casing joints I'd rather them think the people here are gun crazy types than gullible old ladies.






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Five0
USA Fan
Member since Dec 2009
5428 posts

re: Is it illegal to answer the door with a loaded gun?


I would not point it at them. Letting them know you are armed by them just seeing the gun would be better. Holstered, in your hand down by your leg ect. The pointing could get you a menacing charge here in AL.

Section 13A-6-23 - Menacing.

(a) A person commits the crime of menacing if, by physical action, he intentionally places or attempts to place another person in fear of imminent serious physical injury.

(b) Menacing is a Class B misdemeanor.

Your mileage may vary in your state. Check to see if your county/parish has a door to door salesman license requirement too. You are right to be concerned. 9 out of 10 of these type of people I've encountered have done time. I can't stand them.

ETA: You can still be found guilty of menacing here with an unloaded gun.



This post was edited on 2/28 at 9:42 pm


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UGATiger26
Georgia Fan
Athens, GA
Member since Dec 2009
2455 posts

re: Is it illegal to answer the door with a loaded gun?


maybe as a way around it, put the gun in an easily noticeable area somewhere inside near your front door.


This post was edited on 2/28 at 9:43 pm


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fr33manator
LSU Fan
Baton Rouge
Member since Oct 2010
51079 posts

re: Is it illegal to answer the door with a loaded gun?


I'm trying to prevent my neighborhood from becoming a high crime area. These guys like easy targets and there are a good number of elderly people on my block. I'd like to be the example they remember. And if they are already on my property under false pretenses and with ill will, aren't they posing a threat?





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Tigerpaw123
USA Fan
Louisiana
Member since Mar 2007
9271 posts

re: Is it illegal to answer the door with a loaded gun?


quote:

Is it illegal to answer the door with a loaded gun?


no



quote:

can I point my gun at them


no






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Toddy
Ole Miss Fan
Atlanta
Member since Jul 2010
20620 posts

re: Is it illegal to answer the door with a loaded gun?


quote:

I'm trying to prevent my neighborhood from becoming a high crime area. These guys like easy targets and there are a good number of elderly people on my block. I'd like to be the example they remember. And if they are already on my property under false pretenses and with ill will, aren't they posing a threat?



I don't know. I would do what FiveO suggested.






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TortiousTiger
Baton Rouge
Member since Jan 2007
12667 posts

re: Is it illegal to answer the door with a loaded gun?


quote:

So, if they are on my property, can I point my gun at them and let them know I'm on to them and to get the eff out of my neighborhood?


only if you want to be charged with agg assault and go to jail.






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fr33manator
LSU Fan
Baton Rouge
Member since Oct 2010
51079 posts

re: Is it illegal to answer the door with a loaded gun?


Ok, so as long as I don't point the barrel at them, I am in the clear? Do I let them know the jig is up? I rather they be behind bars, but at the very least I want them to steer clear of the crazy gun toting guys neighborhood.





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TortiousTiger
Baton Rouge
Member since Jan 2007
12667 posts

re: Is it illegal to answer the door with a loaded gun?


quote:

An unloaded gun is just a paperweight.


false.






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TortiousTiger
Baton Rouge
Member since Jan 2007
12667 posts

re: Is it illegal to answer the door with a loaded gun?


brandishing a firearm is a totally bad idea.





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Tigergreg
LSU Fan
Metairie
Member since Feb 2005
20014 posts

re: Is it illegal to answer the door with a loaded gun?


If you know it's them at the door, don't answer it. If they persist, tell them you are not interested in what they are selling. Just have your loaded gun ready in case they try to break in. If they break in, shoot.





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Five0
USA Fan
Member since Dec 2009
5428 posts

re: Is it illegal to answer the door with a loaded gun?


quote:

And if they are already on my property under false pretenses and with ill will, aren't they posing a threat?


Not one that you can articulate at the point of contact you are describing, in my humble opinion.






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fr33manator
LSU Fan
Baton Rouge
Member since Oct 2010
51079 posts

re: Is it illegal to answer the door with a loaded gun?


What do you suggest then Tortious? And what is the definition of brandishing? I really hate thieves.





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USMCTiger03
LSU Fan
Member since Sep 2007
63652 posts
 Online 

re: Is it illegal to answer the door with a loaded gun?


quote:

Is it illegal to answer the door with a loaded gun?
Of course not, but I would avoid pointing it at anyone without some justification that they were attempting to enter illegally.






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Five0
USA Fan
Member since Dec 2009
5428 posts

re: Is it illegal to answer the door with a loaded gun?


quote:

only if you want to be charged with agg assault and go to jail.


How would it be an assault? Granted I will plead ignorance on LA law. Here the victim would have to sign a warrant for this arrest unless it occurred in the presence of a LEO. It still would not be an assault.


ETA:

Definition of BRANDISH

transitive verb
1
: to shake or wave (as a weapon) menacingly
2
: to exhibit in an ostentatious or aggressive manner

The bolded text is what you are describing. Holding a gun is a different matter. I have answered my door at night with a pistol in my hand by my leg after dark when I was not expecting anyone. That side of my body was bladed away from the door. See how that was articulated as I would testify to the event. I am articulating a defensive posture.



This post was edited on 2/28 at 10:03 pm


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TortiousTiger
Baton Rouge
Member since Jan 2007
12667 posts

re: Is it illegal to answer the door with a loaded gun?


wut?

you point a weapon at someone, it's aggravated assault.






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