New law change, not true any more.Ya might want to get a second opinion.
Even though open carry is legal, you can still be charged with brandishing if you purposely show someone your weapon in (what they alledge is) a threatening manner.
New law change, not true any more.Ya might want to get a second opinion.
Even though open carry is legal, you can still be charged with brandishing if you purposely show someone your weapon in (what they alledge is) a threatening manner.
Only in self-defense situations, not the one Dennis presented.New law change, not true any more.
Yeah, I'll need that retainer in cash, please.
Agreed. Carrying openly is different than deliberately showing arms in direct response to somebody's provocative statement.Your opinion on raising your arms and "accidentially" showing your firearm has been discounted by others.
One only needs to carry open to totally overcome that issue. Correct?
Agreed. Carrying openly is different than deliberately showing arms in direct response to somebody's provocative statement.
I'd say it's situational. Do it privately in a restroom stall? No big deal. Take off your cover garment at some random time? Probably not.But if you pull up your shirt and place it behind your firearm all you are doing is going from concealed to open. As long as you do not touch it and the firearm never leaves its holster, is this still considered brandishing?
Unless it's in a self-defense situation or in prevention of a forcible felony, ANY threatening, menacing, or intimidating move regarding a firearm can be considered brandishing,But if you pull up your shirt and place it behind your firearm all you are doing is going from concealed to open. As long as you do not touch it and the firearm never leaves its holster, is this still considered brandishing?
I'd say it's situational. Do it privately in a restroom stall? No big deal. Take off your cover garment at some random time? Probably not.
Deliberately exposing it in the middle of a contentious discussion? That's going to look like you intended to intimidate.
Totality of the circumstances. In this case, the situation was described as "If I'd been *****ed at for a tire carrier looking like a gun, I'd just raise the shirt and show a real one. Then we could have had a real discussion." What does that look like?
Unless it's in a self-defense situation or in prevention of a forcible felony, ANY threatening, menacing, or intimidating move regarding a firearm can be considered brandishing,
The same goes for open carry. If you make intimidating gestures regarding your holstered firearm (e.g. make a show of displaying it to someone during an altercation), even though it's being legally open-carried, you can still be charged with brandishing.
It's against the law to threaten someone with your firearm, no matter how subtle you think it is.
EDIT: Lol, I see Dave beat me to it anyway. I must be typing at the speed of turtle...
Well I thought that didnt need mentioning. You know, the obvious and all.Only in self-defense situations, not the one Dennis presented.
You can still be charged with brandishing if there's no threat (or if you're the threat).
EDIT, dave said it best.But if you pull up your shirt and place it behind your firearm all you are doing is going from concealed to open. As long as you do not touch it and the firearm never leaves its holster, is this still considered brandishing?
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