Carrying and brandishing in Texas

[TechBrute]

So what sort of trouble can I get in for:

1) Carrying openly in my house and answering the door with the holstered gun in plain view of the annoying door-to-door salesman.
2) Having aforementioned pistol in my hand while answering the door.
3) Carrying openly outside on my property while mowing the lawn.
4) Sitting on my front porch with a shotgun propped up next to me.
5) Boresighting my rifle on a spot 100 yards down the street.

Ok, so this post is in good humor and I have no intention of doing any of these things (although #2 is particularly attractive when disturbed from sleep) but I really am curious what of these things would I get in trouble for. Obviously, I'm not soliciting legal advice, just pondering local laws and customs.

 

[JohnKSa]

1. None
2. None as long as you do not point it or display it threateningly without sufficient cause.
3. Get your house broken into when you go on vacation. Get a reputation for being a nut. Get a really dirty gun.
4. Get your house broken into when you go on vacation. Get a reputation for being a nut. Possibly get to talk to the cops who will probably be very understanding.
5. See 4 and up grade "Possibly" to "Quite probably and "very understanding" to "not so understanding". Possibly get threatened by whoever's house you're using as a backstop for your boresighting adventure.

You're not breaking the law in any of these cases provided you pay attention to the caution in #2. #5 is getting a bit adventurous in that a person aiming a rifle around in a public area is likely to cause alarm. You'd better have some screwdrivers/etc. to prove you were boresighting when the cops show up.

Get a "No solicitors" sign. Make it humorous so they leave laughing, not cussing you.

Suggestions:

NO SOLICITORS
(Unless you wish to give us cash, convert to our religion or mow the yard for free.)

No Solicitors:
Knock for friends and emergencies only.
If there is no emergency, one will be provided.

No Solicitors:
I'm a telemarketer and I work at home. If you knock I can't let you leave until you buy something from me.

No Solicitors:
Elaine passed away last week and we're still opening funeral gifts.

No Solicitors:
My psychiatrist says I can't have visitors yet.

No Solicitors except on February 29 between the hours of 6:00 and 7:30 PM.

No Solicitors:
Please leave quietly and don't spoil this special moment we didn't share.

 

[RJ357]

We shoot every third salesman.
The second one just left.

 

[Sylvilagus Aquaticus]

What JohnKSa said.

I find 1 & 2 work best for me when I answer the door naked with the proverbial bad dog in one hand and .45 in the other while screaming "WHAT!?!"

Why has this not worked itself into your mythology yet, Grasshopper?

Regards,
Rabbit.

 

[nemesis]

5) Boresighting my rifle on a spot 100 yards down the street.

Number 5 worries me a great deal and it worries me that someone may consider it. I haven't checked to see how it may violate the law but it violates the Laws of Good Sense.

If you just happen to be bore sighting on a spot down the street and I'm near that spot; I may easily be instigated to kill you before you can kill me. Don't ever, EVER, point a firearm at something that you are not prepared to kill or destroy. Don't EVER point a firearm at me!

I read your disclaimer that you wouldn't actually do these things but you did write them and post them for comment and I don't think it was just for amusement. Don't ever take firearms lightly!

 

[Tharg]

heheh - had to share the no solicitors signs w/ some friends of mine - Thanks!!!

Btw... in Texas as well - but there are very few directions i could point my rifle that would have a house @ 100 yrds <grin> Still wouldn't tho, its just not good sense (per post above...)

J/Tharg!

 

[JohnKSa]

Tharg,

I got tired of answering the door, and more importantly didn't like my wife having to answer it while I was away. I made up a bunch of signs and my wife picked the one she liked best which was:

No Solicitors:
Solicitors may only be seen at our Hong Kong office
(Office Hours HKT)
(Hong Kong Address)

There are two minor problems.

1. Some people don't get the humor and knock to ask if we really have a Hong Kong office.
2. Some people knock to tell us they love the sign.

What can you do?

 

[Tharg]

Smile and laugh =) I'm a sucker for a pitch - but they better be selling something i want... or i'll just end up taking a lot of thier time to finally say (2hrs later) wellllllll... i don't really need it... sorry.

heh

J/Tharg!

 

[Wildalaska]

find 1 & 2 work best for me when I answer the door naked with the proverbial bad dog in one hand and .45 in the other while screaming "WHAT!?!"

So rude...

At least I have the courtesy to cover myself in whipped cream...a touch of lipstick on the old...well hell everone likes a cherry on their whip cream....


WildsundaeAlaska

 

[Muzzleflash]

omg alaska!

THIS THREAD IS NOT ABOUT BRANDISHING THAT GUN!

 

[Matt G]

Ahem. Keep it clean, friends. This is The High Road.

The issue of "Brandishing" is generally one of intent, and place.
Was it in public?
Was it with intent to intimidate?

 

[TechBrute]

I read your disclaimer that you wouldn't actually do these things but you did write them and post them for comment and I don't think it was just for amusement. Don't ever take firearms lightly!

It's good to know that you don't need to be in possession of any facts to form an opinion. Also, since you don't know me, where I live, or any circumstances of my life, that makes your post even more ignorant. In addition, you're basically accusing me of lying. Why don't you go ahead and save the judging for people who have even the smallest clue, ok?

 

[Muzzleflash]

Ahem. Keep it clean, friends. This is The High Road.

The issue of "Brandishing" is generally one of intent, and place.
Was it in public?
Was it with intent to intimidate?

I'd consider what he suggested doing as counting as "with intent to intimidate".

 

[saboj1221]

Actually #5 could constitute an offense:


Sec. 22.05. DEADLY CONDUCT. (a) A person commits an offense if he recklessly engages in conduct that places another in imminent danger of serious bodily injury.
~ (b) A person commits an offense if he knowingly discharges a firearm at or in the direction of:
~ ~ (1) one or more individuals; or
~ ~ (2) a habitation, building, or vehicle and is reckless as to whether the habitation, building, or vehicle is occupied.
~ (c) Recklessness and danger are presumed if the actor knowingly pointed a firearm at or in the direction of another whether or not the actor believed the firearm to be loaded.
~ (d) For purposes of this section, "building, " "habitation, " and "vehicle" have the meanings assigned those terms by Section 30.01.
~ (e) An offense under Subsection (a) is a Class A misdemeanor. An offense under Subsection (b) is a felony of the third degree.


Pointing a gun down the street or at a house for the purpose of bore sighting could be considered reckless. The person that comes out of the house does not have a clue what you are doing and may think you are pointing the gun that them. Put yourself in that persons shoes, what would you think?

As for #4, it may not technically violate an offense, but it will attract attention. Attention from police officers confronting people with guns may come at the working end of the officers firearm. Do you really want some nervous officer pointing a gun at you, an officer that could mistake a movement, as you reaching for the gun? Besides, why would you want to sit on your front porch with a shotgun next to you?

Please bear in mind that my comments come from someone who lives in a residential neighborhood and not someplace where my neighbors are some distance away.

 

[Double Naught Spy]

Thank you saboj1221!

TechBrute, you have to admit, you sort of set yourself up. When you post a query in a public forum about performing acts (some of which are likely pretty stupid), then you get a lot of responses. Somehow the disclaimer that you would not do these things seems to be a typical one off the rear cheek, put in for the sake of political correctness.

When on your own property, especially out in public view, it is a very poor idea to be aiming your firearm off property. You wanted to know how much trouble you would get into? You may find out when you find out your neighbors unload on you and they aren't boresighting.

"Everyone has guns in Texas. My florist has a gun."

 

[Edmond]

1) Carrying openly in my house and answering the door with the holstered gun in plain view of the annoying door-to-door salesman.
2) Having aforementioned pistol in my hand while answering the door.
3) Carrying openly outside on my property while mowing the lawn.
4) Sitting on my front porch with a shotgun propped up next to me.
5) Boresighting my rifle on a spot 100 yards down the street.

Okay, from some of the responses, it looks like it would depend if you have clothes on if you're doing any of the aforementioned acts!

 

[TechBrute]

TechBrute, you have to admit, you sort of set yourself up. When you post a query in a public forum about performing acts (some of which are likely pretty stupid), then you get a lot of responses. Somehow the disclaimer that you would not do these things seems to be a typical one off the rear cheek, put in for the sake of political correctness.

So what's your point, that you can't post things just for the heck of it?

Ok, for all you weenies that have no sense of humor, I posted this after being waken from a deep sleep (which has become more and more rare since I have an 8-month pregnant wife that tosses and turns all night.) I was awoken by the doorbell being run 3 times in succession. In my irritation, I was reminded of the pair in Secondhand Lions that sat on the front porch and shot at salesmen. So anyway, I thought it would be amusing to spark up a discussion about firearms in neighborhoods.

Unfortuntately, even though I wrote in plain english that the post was in humor and it wasn't meant to be taken seriously, some people either can't read or just have no sense of humor. I've been accused of lying and stupidity, and lectured on gun safety. Good god people! Lighten the heck up!!

 

[jefnvk]

5) Boresighting my rifle on a spot 100 yards down the street.

Don't know if you live in the country or not, but out here, many of the crossroad warning signs (yellow diamond with black cross) have holes about a quarter to a half an inch in diameter in the middle of the cross. Could be coincidence though (p.s. same applies for RR crossing signs)