Is answering your front door armed legal, Yes/No

Discussion in 'Cop Talk' started by metal, Oct 24, 2010.

  1. metal

    metal

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    While I'm sure having a weapon on your person is legal in all 50 states (with the possible exception of NY ;) can you tell me what your take on the following situation would be.
    Lets say your friend is a jeweler and he works from home running small website. He doesn't conduct business at his house he rents a box at the local UPS store and has a phone number listed to that address so no one and no website or search engine has his home address listed in relation to the business, no customer has ever been to his house and he's never told a customer where he lives or to stop by anytime and take a look at his items.

    He's at home alone one weekday working in his basement office with say $10,000 worth of jewelry in in plain view in his living room but he's not expecting anyone over and has no reason to think anyone would be coming over his house for any reason whatsoever.
    So while he's in the basement working on something or other he hears what he can only describe as someone beating the crap out of his front door, he's got a Ozzy DVD playing in the living room and it's on pretty loud so suffice to say whoever was at the door was beating the crap out of it.
    He grabs a nearby weapon (think scary black rifle) goes upstairs peeks around the corner and sees two dirtballs pounding on his door. These guys are described as tattooed shaved headed punk looking miscreants.
    He cant get to a cell phone or a landline without them seeing him so he walks right to the door opens it and orders them off his property, he's pretty scared, sees something shiny in one punks hand and the other mope has his hands in his hoody pockets.
    They don't retreat instead they yell something over the stereo, he again orders them to leave and once again they don't retreat and the one in back makes a fidgety move and once again my imaginary buddy (who may or may not have raised his weapon by then I'm not sure) once again orders them off his property.
    They comply... he's a bit shook up, goes back down to his office and for whatever reason it clicks who those two dirtballs were.
    They saw something on his website and wanted to buy it locally (but never paid) and long story short he told them via email no sale was going to take place and he didn't want them as a customer and he though that was the end of the story.

    Back up a bit it turns out these two guy apparently went to the UPS store address he had listed and somehow put two and two together and showed up unannounced at his house.
    He came back home the next day to a message from a detective which he returned and he's waiting for a call back.
    He assumes these two mopes reported him to the police.
    Question is is the person in this story potentially in trouble and how should he explain his actions to the detective to make sure the correct side of the story comes out.

    PS
    Once they left I don't know why he didn't report an attempted home invasion, I guess he figured it was over at that point or probably figured out who they were during the ruckus and figured they were gone so no harm no foul.:shocked:
     
    Last edited: Oct 24, 2010
  2. boomhower

    boomhower

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    I don't see a problem. He was on his own property, they came onto his property uninvited and didn't leave when requested. In NC you can have a concealed weapon on you own property so open is fine. It's gets a bit wishy washy with him opening the door and then pointing it at them. Sure he can articulate he was in fear etc. Really depends on the type of castle law his state has.
     

  3. DustyJacket

    DustyJacket Directiv 10-289

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    There is a big difference being armed, and pointing a firearm at someone.

    Lot of people asnwer the door armed, but the person on the other side of the door never see it. (Unkess they start something.)

    Depending on local laws, barandishing, and threats, could apply if you open the door and display a weapon.
     
  4. Bruce M

    Bruce M

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    Sometimes that which is legal and that which is intelligent and tactically sound diverge. Opening the door to potential home invaders may be legal. But to me calling the police and leaving the door locked seems the better option. Not reporting the incident to the police may be legal. But probably not wise. Color me skeptical, but if I were interviewing him and this was his story, I might think some information has been left out.
     
    Last edited: Oct 24, 2010
  5. steveksux

    steveksux Massive Member

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    Depends on whether the drug dog alerts on that $10,000 in jewelery... :rofl:

    If they hear the same story I just read, and they believe him, I would think no problem. He was getting close to articulating deadly force with hands in pockets and shiny stuff, refusing to leave, I think it was a furtive movement rather than a fidgety movement... :whistling: Might get a talking to but no charges.

    Depends on local laws. Depends on the relative criminal records of the homeowner and the complainants too, I'd wager.

    Might have been smarter to report it, but maybe not. What's to justify the report? He remembered the guys as wanting to buy (steal?) some jewelery, so him worried about them maybe stealing the stuff isn't enough to justify reporting it as an attempted robbery or home invasion, he nipped that in the bud too swiftly to really prove that. They'll say they just wanted to buy it, not much "there" there at that point.

    Critical thing is this guy a believable stand up guy with no history, vs a couple of mope impersonators. If they're both shady, they may start looking for what charges they can get away with.

    What do you think my odds would be if it were Jehovah's Witnesses instead of punks, and I was in my underwear? Just sayin... always wondered if they had a "do not call" list and how to get on it..

    Randy
     
    Last edited: Oct 24, 2010
  6. metal

    metal

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    Yea I wonderd about that too :whistling:
    noted
    40ish year old local guy with a wife, three kids, pretty quiet, no criminal history... just apparently a little touchy when it comes to people showing up on his front porch I guess :supergrin:
    Guess we'll find out tomorrow
     
  7. steveksux

    steveksux Massive Member

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    What do you think the odds are regarding the Jehovah's Witness scenario i added after you commented? :whistling:

    Randy
     
  8. metal

    metal

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    I'd say that would get you on the "do not knock list" pretty quick LOL:rofl: Maybe that should just be his story? He thought they were Jehovah's Witness's :tbo:
     
    Last edited: Oct 24, 2010
  9. merlynusn

    merlynusn

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    Like with everything else, it's all how you articulate it. If he thought they were about to rob him and can back up why he thought that, then i'd say he's fine.

    If I answer my door and someone has their hands in their pockets, they refuse my command to leave my property, they know I have a gun and they continue to make me believe by their actions they are about to do something (like invade my home), my gun won't be in my holster for long.

    If what they did does not back it up (two people just ringing doorbell, etc) then yes, you'd have a problem.
     
  10. ClydeG19

    ClydeG19

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    A lot of potential misinformation can be avoided by posting the state in which this situation took place.
     
  11. metal

    metal

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    Michigan.
     
  12. tc556guy

    tc556guy

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    They banged on his door, they didn't try "invasion".
    As others have said, he didn't just answer the door armed, he pointed his weapon at them.

    There are any number of ways someone could track down your house address. If he is a business, even if his mailing address is a drop box, his business and personal tax records probably show a physical address. I've had people come to my house to argue tickets I've issued them. There is no more anonymity anymore if people want to invest the legwork to find you.
     
  13. metal

    metal

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    Well my buddy is good to go.
    Just a what happened phone call with a don't worry about it it's not going any further and call us next time.
    Like Randy said if he was a dirtbag I suppose it could have went either way.
     
  14. Hollywood D

    Hollywood D

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    I've knocked on doors late at night and people have answered, armed. I didn't charge them with anything. There isn't aything to charge them with. I really don't blame them. I do it at home when I do answer the door, which is pretty rare if I'm not expecting anybody.
     
  15. MarcDW

    MarcDW MDW Guns Millennium Member

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    I had them come around the house hearing me and some friends shooting machine guns!
    No fear and trust in God, that we would be peaceful people they could talk to.
    I had to get unfriendly so that they leave!

    I don't know why "your friend" open the door in the first place.
    Call 911 and let the police remove people like this.
    When already opened the door, "your friend" should not threaten them with the firearm unless you are sure they wanted to harm you.
    Looks alone does not count.
    They will be later in court in expensive suits and with perfect hair cut!!

    To your "friends" actual case: Call the police back and ask what you (I mean he) can do for them.
    If they want you do come in, they need to tell you why (even if I never do :whistling: ).
    If they tell you because of the "door incident" then lawyer up!
     
  16. metal

    metal

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    One of my buddies is a cop who posts here, two guys who are on another board with me post here and three of my cousins are cops (one here where I live)
    Trust me if it was me or I thought it was that big a deal I'd have called a friend and asked or called my cousin and tried to hide behind that blue wall I hear so much about :supergrin: not asked on a message board.
    Thanks for the input though :)