when is it legal to draw?

[fisher2]

it seems we talk about when to fire around here but you can get in trouble for brandishing when it it justified to just draw? what threats need to show up ?

[redboneshadow]

If your life is in eminent danger of being terminated or the life of another, then you are within your legal right to protect yourself by employing lethal power. If someone pulls a knife then yes you are legal to shoot. If attacked by a gang of like 5 you have a right to pull your weapon. That is not brandishing.

[redboneshadow]

Brandishing would be like intentionally showing your weapon or waving it around to show or intimidate someone. Intent to protect is not brandishing.

[kelcarry]

IMO, it is legal to draw when it is legal and you are prepared to shoot; that is the only time I would think of presenting my firearm. As mentioned by redbone, presumption of imminent danger of death or great bodily injury to you or, in SC, to someone else as part of the "alter ego" part of the law is the key phrase for considering the use of your firearm and, therefore, drawing it. You have to know your state's specific laws on these kind of definitions but the answer, IMO, to your question is really very simple, although the circumstances for actually invoking this "presumption" are never simple.

[Chief1297]

One should only draw when the use of deadly force is authorized BUT just because you draw doesnt mean you have to use deadly force. that's my rule.

[JJFlash]

I see no problem with "exposing" your piece if the intention is to stop bad things from happening. Sweeping your jacket aside to give a BG the opportunity to make a different decision is not "brandishing", IMO. In fact, I think it's a smart move to head off what could be very dire consequences (for all concerned). If I draw, it would be with the intent to use it, altho, time permitting, I might draw to the "ready" position, and give the BG yet another opportunity to come to his senses. Hope to high heaven it nevers comes to this.

[kelcarry]

Hey JJ: Drawing your firearm is exactly that. I do agree that something short of brandishing could certainly contain a bad situation but if you are going to take your firearm out of the holster and hold it in your hand, you had better be ready to use it. I would hope we all can agree that once a firearm is in your hand it had better have something to do with your presumption that something bad is just about to happen to you or others (alter ego in SC) and that you have made a decision to use the firearm unless something changes within a very short period of time.

[G50AE]

Some kid got expelled for drawing a firearm on a piece of paper under one of those silly "zero-tollerance" policys. As such I would be careful about drawing a firearm in school.

[BigSlick]

I see no problem with "exposing" your piece if the intention is to stop bad things from happening. Sweeping your jacket aside to give a BG the opportunity to make a different decision is not "brandishing", IMO. In fact, I think it's a smart move to head off what could be very dire consequences (for all concerned). If I draw, it would be with the intent to use it, altho, time permitting, I might draw to the "ready" position, and give the BG yet another opportunity to come to his senses. Hope to high heaven it nevers comes to this.

100% agree!

[kelcarry]

Hey G50: Nice to reply to you and wishing you a healthy and happy holiday season. It is so nice to know that a kid cannot even draw a pix without someone getting their wedgie too tight. As I write this, our dear idiot king is about to sign his ugly wife's pet project which, among other things bans cookie and cake sales at schools, as if this is any of their damn business. Slowly but surely anything and everything will be "up to the government" who have demonstrated an inability to do anything right. We surely are going down the tubes and becoming a fascist state with this idiot and his minions. I for one, given that I live in one of the best places in the US, may travel by car to places in the US but will, most likely, never take another airplane anywhere. If I do, I will hope that my wet pants and underwear bring about an expression of disgust during my TSA patdown as I explain that the wash basin in the airport sprayed an uncontrollable amount of water on me as I washed my hands, which is certainly a possibility