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I have had just about enough of solicitors coming to my door at all times of the day. It seems to be getting worse because of the economy. My neighborhood has a no soliciting sign when entering but I think that has no legal precedent. Putting a no trespassing sign on my front lawn is a little much but I need some options. I really just want to stop solicitors. Are there any signs that have legal consequences for these people? My neighbor has a no soliciting sign on his front door and people still knock. Is there a 30.06 equivalent for these people? If not there should be!

CC Italian wrote:I have had just about enough of solicitors coming to my door at all times of the day. It seems to be getting worse because of the economy. My neighborhood has a no soliciting sign when entering but I think that has no legal precedent. Putting a no trespassing sign on my front lawn is a little much but I need some options. I really just want to stop solicitors. Are there any signs that have legal consequences for these people? My neighbor has a no soliciting sign on his front door and people still knock. Is there a 30.06 equivalent for these people? If not there should be!

That is where I open the door with my pistol in its holster, look at the interloper, look at the sign, and carefully shut the door without a word.

Purplehood wrote:
That is where I open the door with my pistol in its holster, look at the interloper, look at the sign, and carefully shut the door without a word.

Purplehood, I hear ya... I wonder though... could that solicitor call the cops on you for displaying/flashing your firearm? Even if you are wearing your holster in your house, with the door open isn't your weapon in plain view and unconcealed? I wonder about that sometimes when I'm practicing my draw if I'm in front of an open window or door... could someone walking by see me and call the cops?

kirock7 wrote:

Purplehood wrote:
That is where I open the door with my pistol in its holster, look at the interloper, look at the sign, and carefully shut the door without a word.

Purplehood, I hear ya... I wonder though... could that solicitor call the cops on you for displaying/flashing your firearm? Even if you are wearing your holster in your house, with the door open isn't your weapon in plain view and unconcealed? I wonder about that sometimes when I'm practicing my draw if I'm in front of an open window or door... could someone walking by see me and call the cops?

It isn't illegal to carry a weapon on your own premises or on your own land. They CAN call the cops, but what could the cops do?

kirock7 wrote:

Purplehood wrote:
That is where I open the door with my pistol in its holster, look at the interloper, look at the sign, and carefully shut the door without a word.

Purplehood, I hear ya... I wonder though... could that solicitor call the cops on you for displaying/flashing your firearm? Even if you are wearing your holster in your house, with the door open isn't your weapon in plain view and unconcealed? I wonder about that sometimes when I'm practicing my draw if I'm in front of an open window or door... could someone walking by see me and call the cops?

I don't have to carry concealed on my front lawn, let alone in my doorway.

Try some follow up to the solicitors' superiors.

I had a huge problem with this recently after major hail storm tore up all the roofs in my neighborhood. Roof company vultures were out in force for a month. I got fed up and placed a big sign on my door. Worked for most, but not all solicitors. Here's what I did with the ones who obviously can't read/comprehend.

I had some idiot leave a flyer on my door despite the huge sign saying "No soliciting No trespassing and YES this means no placing flyers and other nonsense on my door" I found out the name of the company - from the flyer, obviously - called them and they said they contract out their door-to-door pestering to a company that specializes in such. Called that company, no answer. Google search found an email address. Emailed with my complaint, digital photo of the flyer and my sign, and instructions that if I was not contacted within 48 hours with an appropriately apologetic response I would forward my complaint to my local police department. Lady emailed me back within 8 hours, apologized profusely, said the person who worked my neighborhood that day would be reprimanded. Haven't had a flyer on my door since (even took down the sign).

Previous to that, I witnessed an idiot put flyer on my door (same sign was up); I was across the street. I told him very bluntly to get off my property and take his damn flyer with him. He came back 10 minutes later with two other guys in a pickup truck; one guy, acting like a supervisor, asked what the problem was. I explained the situation. He told me I didn't have to "be so rude about it" and that they weren't breaking any laws and had a right to put up flyers on people's doors . I told him he was dead wrong and demanded he get off my property. He said "what, you wanna go? why don't you step out onto the street, punk". I told him he was trespassing, in clear violation of a posted sign, and had mere seconds to get off my property before I called the cops. We stared each other down, him on the street next to his truck, me on my driveway. He finally figured out I was serious and they left (I had my hand in my front pocket firmly gripped on my S&W 638 J-frame). Went inside, called the number on the flyer, spoke to the owner, explained the situation, and told him if I ever saw either of these gentlemen in my neighborhood again, I would immediately call the police. He apologized profusely, told me he would personally handle it. Never saw them again.

Some people just don't get it until you show them you're serious.

kirock7 wrote:

Purplehood wrote:
That is where I open the door with my pistol in its holster, look at the interloper, look at the sign, and carefully shut the door without a word.

Purplehood, I hear ya... I wonder though... could that solicitor call the cops on you for displaying/flashing your firearm? Even if you are wearing your holster in your house, with the door open isn't your weapon in plain view and unconcealed? I wonder about that sometimes when I'm practicing my draw if I'm in front of an open window or door... could someone walking by see me and call the cops?

IANAL, but I think the law says you can carry anywhere on YOUR PROPERTY. It's a bit confusing, but hear me out. Statute 46.02 cited below, section (a) (1) makes carrying on your premises or premises under your control an exception to "unlawful carry". Since we generally know "premises" to mean "building" and not "parking lot" etc., seems your interpretation is correct, i.e. outside your house is a no-no. BUT ... further down under section (a-2) [numbering system in these statutes confuses the heck out of me sometimes] "premises" in this section is clearly defined as "real property". "Real property" means EVERYTHING within your property boundaries - the land, the house, the minerals under the land, and the airspace above the land - at least this is the general definition used in real estate jargon. Found an actual definition in state statutes in "Property Tax Code" sec 1.04 (cited below). The caveat being that if you live in an apartment or condo type situation, your "property" does end at your door step. Because while you own (or rent) an "interest" in the surrounding property, it is a "community interest" and you do not "control it" completely, like you do the premesis inside your door.

IANAL - no idea if my interpretation is 100% correct.

Sec. 46.02. UNLAWFUL CARRYING WEAPONS. (a) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun, illegal knife, or club if the person is not:

(1) on the person's own premises or premises under the person's control; or

(2) inside of or directly en route to a motor vehicle that is owned by the person or under the person's control.

(a-1) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun in a motor vehicle that is owned by the person or under the person's control at any time in which:

(1) the handgun is in plain view; or

(2) the person is:

(A) engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic;

(B) prohibited by law from possessing a firearm; or

(C) a member of a criminal street gang, as defined by Section 71.01.

(a-2) For purposes of this section, "premises" includes real property and a recreational vehicle that is being used as living quarters, regardless of whether that use is temporary or permanent. In this subsection, "recreational vehicle" means a motor vehicle primarily designed as temporary living quarters or a vehicle that contains temporary living quarters and is designed to be towed by a motor vehicle. The term includes a travel trailer, camping trailer, truck camper, motor home, and horse trailer with living quarters.

(b) Except as provided by Subsection (c), an offense under this section is a Class A misdemeanor.

(c) An offense under this section is a felony of the third degree if the offense is committed on any premises licensed or issued a permit by this state for the sale of alcoholic beverages.

PROPERTY TAX CODE
Sec. 1.04. DEFINITIONS. In this title:

(1) "Property" means any matter or thing capable of private ownership.

(2) "Real property" means:

(A) land;

(B) an improvement;

(C) a mine or quarry;

(D) a mineral in place;

(E) standing timber; or

(F) an estate or interest, other than a mortgage or deed of trust creating a lien on property or an interest securing payment or performance of an obligation, in a property enumerated in Paragraphs (A) through (E) of this subdivision.

You can OC on your property as 46.02 states. Not against the law. Just dont hold the weapon in a threating manner unless you are about to use it.

austinrealtor,
I like the sign and may use something similar as I am more than tired of friggin solicitors.

purplehood,
I do the same thing. I open the door with my 1911 on my hip. It usually stuns the solicitor a bit. I actually had one guy forget what company he worked for and what he was there for. He had to read the flyer to me

Most cities have ordinances against solicitation if you put up an appropriate sign that meets the ordinance requirements on the front door or visible from the exterior entry. Check http://www.municode.com/Library/Library.aspx" onclick="window.open(this.href);return false; go to your town (if it is in there) and search on solicitor. Plano has an ordinance and large fines for those caught.

I recently had a discussion with a lady that ran a salon. She previously had fliers printed and distributed by a company. They had left-over fliers and gave them to her. I got one on my door, despite the legal signage to post no bills. I called the number on the flier for the advertising company and they advised they had not put them out, but he told me the ladies name and decided maybe for their future protection they would not let the end user have fliers to distribute on their own if they had the advertising company name on them (smart move.)

I contacted the salon and asked for the lady. She told me she didn't know the laws on it and just hired some people to do the distribution. They had not gotten a permit and also didn't know to not put them on doors with the signage. She was Asian, and said the people she hired she had to use an interpreter to talk to (assuming she hired Hispanics as she spoke good English) so there was a language barrier. Anyway, I told her she was subject to a $1000 fine if the city caught her distributing them without a permit and a $500 per residence fine for each flier improperly posted. I advised if they showed up in the neighborhood again I would turn the issue over to the city. She was nice about the issue or I probably would have been on the phone with the city.

I do the same thing with big companies. if they won't leave me alone from phone calls of door hangers, I advise they can either provide me something in return for them leaving the flier or phone call, or I will seek legal restitution. Got $500 one time from an alarm company that wouldn't quit calling, but that is another story for another day.

Keith B wrote:Most cities have ordinances against solicitation if you put up an appropriate sign that meets the ordinance requirements on the front door or visible from the exterior entry. Check http://www.municode.com/Library/Library.aspx" onclick="window.open(this.href);return false; go to your town (if it is in there) and search on solicitor. Plano has an ordinance and large fines for those caught.

Wow! Great link!! I found this gem about Houston:

Sec. 28-2. Possession of gasoline siphons.
It shall be unlawful for any person to have in his possession upon any public street, alley, sidewalk or other public place within the city limits any rubber hose or any other device which could be used to siphon gasoline out of an automobile.
(Code 1968, § 28-11)

Made me

wow my city is not on there. or i cant read...

XtremeDuty.45 wrote:wow my city is not on there. or i cant read...

Don't feel bad, mine isn't either. I guess there is not an ordinance for our 2 towns.

We haven't had many issues since we've posted the legal sinage by the door, but still get a few hangers. I don't mind those as badly, it's the ones that ring the doorbell at 8am on a saturday and the ones that catch you in the street. I did find however that in my town it's illegal for them to try to solicit on public right of ways and if on private property must leave at the first mention that the person isn't interested and can't keep pushing. They must also carry a license on their person easily visible.

I like those ordinances!

A "Beware of Dog" sign and a doorbell that sounds like a German Shepherd, that ought to do it.

MoJo wrote:A "Beware of Dog" sign and a doorbell that sounds like a German Shepherd, that ought to do it.

As does living in a gated neighborhood.