When is it legal to brandish a firearm?

[ishi]

This is Arkansas state code. Your state may differ.

5-13-204. Aggravated assault.

(a) A person commits aggravated assault if, under circumstances manifesting extreme indifference to the value of human life, he or she purposely:

(1) Engages in conduct that creates a substantial danger of death or serious physical injury to another person; or

(2) Displays a firearm in such a manner that creates a substantial danger of death or serious physical injury to another person.

(b) Aggravated assault is a Class D felony.

(c) The provisions of this section do not apply to:

(1) A law enforcement officer acting within the scope of his or her duty; or

(2) Any person acting in self-defense or the defense of a third party.

History. Acts 1975, No. 280, § 1604; A.S.A. 1947, § 41-1604; Acts 2003, No. 1113, § 1.

Feel free to post your state's version of this, if it is different.

(ishi does not advocate brandishing! I posted this to show that brandishing is legally defensible by the same criteria as deadly force)

[Muzz]

From Missouri Revised Statues, Ch. 571 - Weapons Offenses:
(this isn't the whole thing, only the applicable excerpts - Muzz)
Unlawful use of weapons--exceptions--penalties.
571.030. 1. A person commits the crime of unlawful use of weapons if he or she knowingly:
(4) Exhibits, in the presence of one or more persons, any weapon readily capable of lethal use in an angry or threatening manner; or

5. Subdivisions (3), (4), (5), (6), (7), (8), (9), and (10) of subsection 1 of this section shall not apply to persons who are engaged in a lawful act of defense pursuant to section 563.031, RSMo.

Here is 563.031 in a nutshell, as it applies:

From Missouri Revised Statues, Ch. 563 - Defense of Justification:
Use of force in defense of persons.
563.031. 1. A person may, subject to the provisions of subsection 2 of this section, use physical force upon another person when and to the extent he reasonably believes such force to be necessary to defend himself or a third person from what he reasonably believes to be the use or imminent use of unlawful force by such other person, unless:
(1) The actor was the initial aggressor; except that in such case his use of force is nevertheless justifiable provided
(a) He has withdrawn from the encounter and effectively communicated such withdrawal to such other person but the latter persists in continuing the incident by the use or threatened use of unlawful force; or
(b) He is a law enforcement officer and as such is an aggressor pursuant to section 563.046; or
(c) The aggressor is justified under some other provision of this chapter or other provision of law;
(2) Under the circumstances as the actor reasonably believes them to be, the person whom he seeks to protect would not be justified in using such protective force.
2. A person may not use deadly force upon another person under the circumstances specified in subsection 1 of this section unless he reasonably believes that such deadly force is necessary to protect himself or another against death, serious physical injury, rape, sodomy or kidnapping or serious physical injury through robbery, burglary or arson.

[Smokewagon]

Brandish? Never.

[ishi]

Originally Posted by Smokewagon

Brandish? Never.

Yeah, that's pretty much the point of this thread. Plenty of folks who think that showing a weapon/racking the slide is a big deterrent to evil-doers. I started the thread to show that pointing/brandishing is usually only legally defensible when you're already allowed to use lethal force.

[Torch]

Originally Posted by ishi

Yeah, that's pretty much the point of this thread. Plenty of folks who think that showing a weapon/racking the slide is a big deterrent to evil-doers. I started the thread to show that pointing/brandishing is usually only legally defensible when you're already allowed to use lethal force.

I'm with you guys. The only time I would ever brandish is, if in the act of drawing to shoot, the bad guy starts running. I wouldn't want to shoot somebody in the back.

[ronwill]

Brandishing is classified as an unnecessary display of your gun and should never occur. The only time a weapon should be drawn is in defense of life and when your ready to take anothers life in that defense.

[S.C.]

The "BANG"?

[Ziggy]

Originally Posted by ishi

Yeah, that's pretty much the point of this thread. Plenty of folks who think that showing a weapon/racking the slide is a big deterrent to evil-doers. I started the thread to show that pointing/brandishing is usually only legally defensible when you're already allowed to use lethal force.

This comment, and hundreds like it, make me wonder. Since everyone is so dead set against the possibility that having a gun could be a deterrent to crime, are you all dead set on firing the second you've taken aim? No matter what the BG does, you're going to shoot? You're not going to wait to see if the threatening behavior ceases?

In addition, how does it logically follow that if someone thinks that racking/aiming a gun will hopefully be a deterrent, that that person is not willing to follow through if necessary?

[Red Hat]

Originally Posted by Ziggy

This comment, and hundreds like it, make me wonder. Since everyone is so dead set against the possibility that having a gun could be a deterrent to crime, are you all dead set on firing the second you've taken aim? No matter what the BG does, you're going to shoot? You're not going to wait to see if the threatening behavior ceases?

In addition, how does it logically follow that if someone thinks that racking/aiming a gun will hopefully be a deterrent, that that person is not willing to follow through if necessary?

The problem I see brandishing a weapon as a deterrent is you may make the BG back down and run off but I can see them hiding their weapons and call the police on you. All the BG has to say is you pulled a weapon on him and the police finds one on you then you are going to jail! BG wins! My CWP give me the right to protect myself, family and others. I don't have much of a duty to retreat in SC. The only, only time you pull your weapon is when you feel your life is in danger and it's either BG or you. If I'm ever put into that situation and I have to pull my weapon the BG is going down. I look at it this way, the BG shouldn't have put me in that situation...

[Ziggy]

Originally Posted by Red Hat

The problem I see brandishing a weapon as a deterrent is you may make the BG back down and run off but I can see them hiding their weapons and call the police on you. All the BG has to say is you pulled a weapon on him and the police finds one on you then you are going to jail! BG wins! My CWP give me the right to protect myself, family and others. I don't have much of a duty to retreat in SC. The only, only time you pull your weapon is when you feel your life is in danger and it's either BG or you. If I'm ever put into that situation and I have to pull my weapon the BG is going down. I look at it this way, the BG shouldn't have put me in that situation...

A very good point.
Keep in mind that I am a woman, and there are things other than my life at stake...things that, in my state, allow me to defend myself with lethal force. I also live in an extremely rural area; when I carry it's not to defend myself against an armed mugger on the city streets at night, but rather a BG who sees a woman alone, hiking in the middle of nowhere (and apparently unarmed) and gets big, bad ideas in his head.
Cocked and locked for home intruders is another matter entirely, as readiness goes, but this was a "carry" question.