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Dave70968

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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.
 

Tanis143

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Agreed. Carrying openly is different than deliberately showing arms in direct response to somebody's provocative statement.

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?
 

Dave70968

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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?
 

MacFromOK

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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,

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. :drunk2:

EDIT: Lol, I see Dave beat me to it anyway. I must be typing at the speed of turtle... :D
 

Tanis143

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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. :drunk2:

EDIT: Lol, I see Dave beat me to it anyway. I must be typing at the speed of turtle... :D

I guess it boils down to what one person takes as threatening, what the other person can justify, and the mood of the judge at that time. And I'm not arguing for doing what dennis said, just testing the legal boundaries.
 

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