Brandishing a Weapon in Ohio

[Big_Guy_4]

Folks, is there a qualified legal opinion out there somewhere?

In Ohio, what is the law regarding a CCW holder drawing his weapon but not firing to discourage a progressively threatening situation in public? I have heard opinions but not seen the legal document that says this is "brandishing a firearm" and subject to legal repercussions while actually shooting someone in a situation that meets the CCW deadly force parameters is OK.

I have searched everywhere I know short of spending the money on a lawyer. I have lots of opinions but no legal facts anyone can point to.

Help.

-Jim

[B2Tall]

This might not be the best place for legal advice. Like they say in lawyer's commercials on TV - "I'm a non-attorney spokesperson". Try to find an Ohio-related gun rights website. Often times real lawyers write columns, answer questions, and give advice on those sites....unlike us armchair lawyers.

Also, I hope you're not doing this in order to see what you can get away with in Ohio.

[WB9IIE]

I'm NOT an attorney, or an attorney spokesperson. My take on the situation is if it is serious enough to draw the weapon, it is serious enough to shoot.

[xdmgator]

I'm NOT an attorney, or an attorney spokesperson. My take on the situation is if it is serious enough to draw the weapon, it is serious enough to shoot.

I'm not an attorney but I god stay at a holiday inn last night oh never mind ... But I do subscribe to above statement

[Pokey1400]

I'm NOT an attorney, or an attorney spokesperson. My take on the situation is if it is serious enough to draw the weapon, it is serious enough to shoot.

Yes I agree.......but you don't have to shoot. Many of the gun magazines have stories of folks who have evaded very bad situations, by simply brandishing their firearm.

[Treo]

Folks, is there a qualified legal opinion out there somewhere?

Yes there is, it can be found in the office of an Attorney licensed to practice in the state of Ohio. Not on an internet forum.

Oh my, 5 minutes w/ google yields this

To prevail on a self-defense claim, the defender must prove that (1) the defender was not at fault in creating the violent situation, (2) the defender had a bona fide belief that he/she was in imminent danger of death or great bodily harm and that only means of escape was the use fo deadly force, and (3) that the defender did not violate any duty to retreat or avoid the danger. State v. Robbins (1979) 58 Ohio St.2d 74. If a person in good faith and upon reasonable grouind believes that a family member is in imminent danger of death or serious bodily harm, such person may use reasonably necessary force to defend the family member to the same extent as the person would be entitled to use force in self-defense. State v. Williford (1990) 49 Ohio St.3d 247. While there is a duty to retreat when there is a reasonable means of retreat available to escape the confrontation, there is no duty to retreat from one's home. Williford. Deadly force may not be used to protect mere property. (Can't find the case right now).

[Dana1956]

They talked about a guy who did that in our OHIO CCW class. Didn't draw, but just showed the guy in a Walmart parking lot. He went to jail. The story went that the CCW holder pulled into the Walmart parking lot and accidentally bumped the vehicle in front of him. The owner of that vehicle was on his way out of the store and saw what had happened. He approached the CCW holder in the parking lot and said, "Hey, you just hit my car!" The permit holder didn't draw but showed that he was armed and then walked into the store. He said he could sense that he was being watched in the store. When he came out of the store the local PD was there to arrest him for "brandishing" his weapon.

[Wyldekard]

You're gonna have to to spend the money on a lawyer and you still might not get a firm answer. Your scenario is a "grey area" situation that would you have to be resolved by a jury, most of which probably have never been in the situation and have never had a gun in their hand. They would be instructed to decide what a "reasonable" person would do in the same situation. Each one gets to decide individually what reasonable is and then they have merge those into a verdict.

[NavyLCDR]

They talked about a guy who did that in our OHIO CCW class. Didn't draw, but just showed the guy in a Walmart parking lot. He went to jail. The story went that the CCW holder pulled into the Walmart parking lot and accidentally bumped the vehicle in front of him. The owner of that vehicle was on his way out of the store and saw what had happened. He approached the CCW holder in the parking lot and said, "Hey, you just hit my car!" The permit holder didn't draw but showed that he was armed and then walked into the store. He said he could sense that he was being watched in the store. When he came out of the store the local PD was there to arrest him for "brandishing" his weapon.

Good. He should have been arrested for brandishing his weapon.

I am glad I don't live in Ohio, though. In Washington we can use deadly force to stop any felony that is about to be committed against anybody in our presence.

My personal opinion is that if you have to draw your firearm, even if you don't shoot, be the first one to call the police. It is better that you start the investigation looking towards the other party and the burden of proof being on them to prove that you were not justified in drawing your gun. If they call first, or an anti-gun witness calls the police first, you might end up being the subject of the investigation being required to prove that you were justified.

[Treo]

I’m not a lawyer and I don’t know Ohio law
If you’re going to introduce a weapon into a situation you had better be able to explain clearly and specifically what that person did that convinced you that you needed a gun to defend yourself.
If you don’t shoot you had better be able to explain what changed. Here is an example from my own experience.
At 0430 one morning I was walking through the parking lot of the apartment building I lived in after my morning run. As I passed a row of cars in the parking lot a Hispanic male emerged from between two of the cars and rushed me. The time of day, the fact that he had been hiding between the cars and the fact that he was rushing straight at me, all together convinced me that he was going to attack me if I didn’t stop him.
So, I drew my gun.
I didn’t shoot because when the alleged mugger saw the gun he ran.
If you can’t put all that together you’d probably better not draw