I searched California's law database for the crime of "menacing" and found nothing. I did find California's law (where OP resides) for brandishing though. In order to be brandishing a firearm, all of the following must be true:
1. that you drew or exhibited a deadly weapon or firearm in the presence of another person,
2. that either
a. you did so in a rude, angry, or threatening manner, or
b. you did so unlawfully in a fight or quarrel, and
3. that you were not acting in self-defense or in the defense of another person at the time.2
So "menacing" is out, and from the OP's description of events, he did not brandish a weapon (number 2 is not true).
poster said:
I would not be able to let someone off with a warning for committing the crime of menacing against a minor. I would simply make the arrest and allow the Prosecutor to figure out the "next step".
So the better option is to arrest OP, incurring on them the personal, time, legal, and frustration costs that arrest entails, and just "let the prosecutor figure it out"? And remember, no crime has been committed, except maybe conspiracy to commit robbery (by the "kid"). This is the attitude that makes many civilians distrust police.
poster said:
kid... kids... small child... child...
This does not cut it for me. Having seen the videos of kids as young as 13 and 14 committing murder (remember where that kid in Chicago was randomly beaten to death with a 2x4 by middle schoolers?), not to mention larceny and theft, plus, OP did not know who was behind that door when he opened it. It could have been Hulk Hogan for all he knew.
poster said:
You might be committing the crime of menacing.
Again, I was unable to find such a thing in California law. It does exist in common law as basically assault with a deadly weapon. Here is a definition of menacing:
A person is guilty of menacing in the second degree when:
He or she intentionally places or attempts to place another person in reasonable fear of physical injury, serious physical injury or death by displaying a deadly weapon, dangerous instrument or what appears to be a pistol, revolver, rifle, shotgun, machine gun or other firearm;
...
Menacing in the second degree is a class A misdemeanor.
S 120.15 Menacing in the third degree.
A person is guilty of menacing in the third degree when, by physical menace, he or she intentionally places or attempts to place another person in fear of death, imminent serious physical injury or physical injury.
Menacing in the third degree is a class B misdemeanor.
And again, even by the definition of "menacing" and the OP's retelling of the events, no crime was committed. I guess he should be arrested and let the court system figure it out.
poster said:
I have even had neighborhood children egg my house and spray it with paintballs. There is nothing I can do, but grin and bear it.
Quote is based on California law (for consistency)
Vandalism occurs when one of the following is done to property that is not your own:
Defacing with graffiti
Damaging
Destroying
...
Greater than $400 (can be charged as a misdemeanor or felony): Up to one year in jail and fines up to $10,000
Less than $400 is a misdemeanor on the site. You do not have to just grin and bear it. Any destruction or damaging of your property is vandalism and is a crime punishable by jail time.
poster said:
If you were to point that weapon then that would be assault. You may say you did not point it, but then the child might say different and then it will come down to who they believe.
It would be assault with a deadly weapon and brandishing. And it is a good question, who will they believe? The United States Marine who peaceably minding his own business in his place of residence or the kid who knocked on the door at 11pm, softly, asked for a generic name, then when was confronted, fled, and asked for someone who does not live there? I would not be surprised if it turned out this kid had priors. Who will "they" believe?
poster said:
There is also a few other crimes that I could probably fit this circumstance under like child abuse. It doesnt matter what the child was there for, the fact is that you were mentally abusing this child through intimidation with a firearm. You could easily be looking at a few years in prison if you got in front of the wrong judge.
Aside from the fact that someone finds it necessary to find laws that "could probably fit this circumstance" instead of actually enforcing the laws, here are the definitions of child abuse in California:
From Penal Code §11164, et seq. of California law:
Sexual abuse or exploitation as listed by incident in 11165.1; neglect; willful cruelty or unjustifiable punishment; any physical injury inflicted other than by accidental means
It goes on in Penal Code §11164.3 (the only relevant code I could find):
'Willful cruelty or unjustifiable punishment of a child' means a situation where any person willfully causes or permits any child to suffer, or inflicts thereon, unjustifiable physical pain or mental suffering, or having the care or custody of any child, willfully causes or permits the person or health of the child to be placed in a situation such that his or her person or health is endangered.
And Penal Code §11164.6:
'Child abuse or neglect' includes physical injury inflicted by other than accidental means upon a child by another person, sexual abuse, neglect, willful cruelty or unjustifiable punishment, unlawful corporal punishment or injury.
So while a sneaky prosecutor or judge may indeed be able to twist the laws, the key word is "Unjustifiably" in §11164.3. I would also have a hard time believing that a firearm, held down at the side, that is shown while a person is IN THEIR OWN HOME, late at night, to a child (and they didn't know it was a child) that softly knocks on the door and subsequently flees justifies
willfully inflicting mental anguish. Sorry, this one isn't happening either.
poster said:
It doesnt matter what the child was there for
Yes, it does matter. In a huge way. Many many states (not looking this one up in California, switching to the general here) have laws that make criminals give up many rights during the commission of a crime. For instance, we don't charge self-defense shooters with murder because the person they shot was there to commit a crime. Many states, mine included, also have statutes that make
any other outcome resulting from the commission of a crime the fault of the criminal. For instance, if two guys invade a home and one is killed in justifiable self-defense and the other is caught, the surviving criminal is charged with murder or negligent homicide because his choice to commit a crime resulted in the death of another person. This has happened before. So yes, the law does take into account a person's motive when they are committing any given act.
poster said:
I have to do my job in the end which will include taking you to jail and impounding your weapon.
I don't know what "your" job is, but I do know it's not to arrest and disarm innocent people when no crime has been committed just because you are ignorant of your jurisdiction's law.
poster said:
Frankly speaking, if you displayed your weapon to any of my children then I would take it personally. Even if my children were actively causing trouble, then I would still make a complaint against you. The simple fact is that these are my children and, even if they were knocking on your door, there is no reason to be racking your 1911 or displaying it to them. I would take serious offense at the issue, file a criminal complaint as well as sue you in civil court.
Emphasis mine, just to point out the inanity of this statement.
That is unfortunate and the reason that many people are unwilling to use their weapons in self-defense, because of the fear of lawsuits should they use it. I wonder how many crimes have been committed even though the victim, or a passerby was armed but did not use their weapon for fear of litigation.
I hope this puts that one to rest.
http://www.mycaliforniadefenselawyer.com/criminal-charges/vandalism-arson/
http://www.shouselaw.com/brandishing-weapon-pc417.html
http://library.adoption.com/articles/definitions-of-child-abuse-and-neglect-california.html