When is it legal to brandish a firearm?

[crazycathed]

Originally Posted by Jay

A person calling to report a man with a gun does not have to be identified. Anyone could call a crimestoppers number and make that report.

this is why we were told to be descreet when grabbing your gun. if someone walks around the corner and sees a man holding a gun towards someone else, he doesen't know what's going on. he goes back around the corner and calls the police saying he just saw a man pointing a gun in the street. we were told it would be much less hassle to hold the gun as such so everyone on the street doesn't see it, just the prep. we were also told if you have time to line up a shot thru your sites you have time to get away. I was taught to point at hip level as soon as I draw, then bring the gun up to eyesight that way I can shoot at any time between the the draw and sight move.

[ecocks]

Something plain. Seems like it was said a couple of times but doesn't come across somehow.

Simply, the generally accepted definition of being "allowed" to "brandish" (putting aside for a few moments the exact definitions of both those words) is only when you are preparing to shoot in a justified use of lethal force situation. If your reaction time allows you to see the other is disengaging and you can hold fire to allow them to continue disengaging, then it is what you would do. On the other hand, if you hold fire "to see if they will disengage" then you were not in imminient danger and, obviously, not drawing to fire but to brandish in the accepted definition of most states' statutes.

I understand Ziggy's comment though that she would rather explain to LEOs or the court that she drew and didn't fire rather than she drew, they disengaged and she fired anyway rather than letting them runaway and report her for threatening them. She envisions a situation where she will have enough time to react and many others dont. She obviously understands her risks and is prepared to pay the consequences. That is her right AND her responsibility. Give her credit that if she has trained properly and prepared herself mentally, she will draw and use her weapon in accordance with that training to the best of her ability.

Perhaps an alternate scenario to consider is when you draw in defense of another (as allowed in many states) or defense of property (per a few states). Still another is what happens if someone brandishes at YOU? Don't picture a mugging, think along the lines of an escalating argument between shoppers, drivers or () a property owner and a suspected trespasser (you being the suspected trespasser).

Would you back-off (disengage) or would you react to their display with deadly force yourself?

[tattedupboy]

Originally Posted by ecocks

Something plain. Seems like it was said a couple of times but doesn't come across somehow.

Simply, the generally accepted definition of being "allowed" to "brandish" (putting aside for a few moments the exact definitions of both those words) is only when you are preparing to shoot in a justified use of lethal force situation. If your reaction time allows you to see the other is disengaging and you can hold fire to allow them to continue disengaging, then it is what you would do. On the other hand, if you hold fire "to see if they will disengage" then you were not in imminient danger and, obviously, not drawing to fire but to brandish in the accepted definition of most states' statutes.

I understand Ziggy's comment though that she would rather explain to LEOs or the court that she drew and didn't fire rather than she drew, they disengaged and she fired anyway rather than letting them runaway and report her for threatening them. She envisions a situation where she will have enough time to react and many others dont. She obviously understands her risks and is prepared to pay the consequences. That is her right AND her responsibility. Give her credit that if she has trained properly and prepared herself mentally, she will draw and use her weapon in accordance with that training to the best of her ability.

Perhaps an alternate scenario to consider is when you draw in defense of another (as allowed in many states) or defense of property (per a few states). Still another is what happens if someone brandishes at YOU? Don't picture a mugging, think along the lines of an escalating argument between shoppers, drivers or () a property owner and a suspected trespasser (you being the suspected trespasser).

Would you back-off (disengage) or would you react to their display with deadly force yourself?

We could argue about this all day, but the fact remains that no two situations involving a CCW holder and a potential criminal are ever alike, and therefore what may work in one situation may not work in another. I am a firm believer that brandishing can be done legally if it stops the threat without any shots being fired. Other times, however, you'll have no choice but to shoot. It all depends on the situation.

[FedAgent1896]

"brandishing" is a term used to describe ILLEGAL exposure in a way that is threatening... ergo, brandishing is illegal. "The only warning a ['bad guy'] should have that you ar carrying concealed is the muzzle flash."--- unknown

[tattedupboy]

Originally Posted by FedAgent1896

"brandishing" is a term used to describe ILLEGAL exposure in a way that is threatening... ergo, brandishing is illegal. "The only warning a ['bad guy'] should have that you ar carrying concealed is the muzzle flash."--- unknown

So what is it called when, being in imminent danger, you draw your weapon and point it at the aggressor, and he then starts to retreat before you get off a shot?

BTW, welcome to USA Carry FedAgent1896.

[tag1737]

It's called defending yourself.

IMO, and as FedAgent1896 said, by definition, "it's never legal to brandish".

Every situation is different and will require a different response. When you can see a threat unfolding at a distance, drawing your weapon and screaming "STOP" is the best option IMO. There is a good chance it will end the agression and require minimal paperwork.

If you have already been shot, stabbed, or injured in an assault, draw and fire is appropriate, again IMO.

[tattedupboy]

Originally Posted by tag1737

It's called defending yourself.

IMO, and as FedAgent1896 said, by definition, "it's never legal to brandish".

Every situation is different and will require a different response. When you can see a threat unfolding at a distance, drawing your weapon and screaming "STOP" is the best option IMO. There is a good chance it will end the agression and require minimal paperwork.

If you have already been shot, stabbed, or injured in an assault, draw and fire is appropriate, again IMO.

I think we're just splitting hairs here. Legal or not, if you display a weapon in a threatening manner, whether to intimidate someone or to defend yourself, it's all brandishing in my book.

[gdcleanfun]

Below are four different NRS (Nevada Revised Statutes.) I am not a lawyer, nor any kind of instructor, but I interpret the gist to be that if a person "draws or exhibits any of such deadly weapons in a rude, angry or threatening manner not in necessary self-defense, or who in any manner unlawfully uses that weapon in any fight or quarrel, is guilty of a misdemeanor," but if I reveal a hand gun or other weapon drawn in the case of self defense then it's not brandishing. Instead, it's being used in a lawful manner. I could not find where the code says that the weapon needs to be discharged or it needs to "touch" another person, etc. I also interpret this to mean that if I hold someone at gunpoint, because they were in the middle of committing a felony, until the LEOs arrive, that it is not brandishing. I don't have any case precedents.


---
From the Nevada Revised Statutes:

First:
NRS 202.257 Possession of firearm when under influence of alcohol, controlled substance or other intoxicating substance; administration of evidentiary test; penalty; forfeiture of firearm.
...
4. A firearm is subject to forfeiture pursuant to NRS 179.1156 to 179.119, [forfeiture laws] inclusive, only if, during the violation of subsection 1, the firearm is brandished, aimed or otherwise handled by the person in a manner which endangered others.


Second:
NRS 202.290 Aiming firearm at human being; discharging weapon where person might be endangered; penalty. Unless a greater penalty is provided in NRS 202.287, a person who willfully:
1. Aims any gun, pistol, revolver or other firearm, whether loaded or not, at or toward any human being; or
2. Discharges any firearm, air gun or other weapon, or throws any deadly missile in a public place or in any place where any person might be endangered thereby, although an injury does not result, is guilty of a gross misdemeanor.
[1911 C&P § 344; RL § 6609; NCL § 10292]—(NRS A 1989, 820, 1240, 1243)


Third:
NRS 202.287 Discharging firearm within or from structure or vehicle; penalties.
...
(c) A person who discharges a firearm in a lawful manner and in the course of a lawful business, event or activity.


Fourth:
NRS 202.320 Drawing deadly weapon in threatening manner.
1. Unless a greater penalty is provided in NRS 202.287, a person having, carrying or procuring from another person any dirk, dirk-knife, sword, sword cane, pistol, gun or other deadly weapon, who, in the presence of two or more persons, draws or exhibits any of such deadly weapons in a rude, angry or threatening manner not in necessary self-defense, or who in any manner unlawfully uses that weapon in any fight or quarrel, is guilty of a misdemeanor.
2. A sheriff, deputy sheriff, marshal, constable or other peace officer shall not be held to answer, under the provisions of subsection 1, for drawing or exhibiting any of the weapons mentioned therein while in the lawful discharge of his duties.
[1911 C&P § 174; RL § 6439; NCL § 10121]—(NRS A 1967, 486; 1989, 1240)

[Boomboy007]

You guys in Nevada seem to really do things right (open carry, etc.). I know that in several states, brandishing a firearm NOT in self defense, like you described, is a felony rather than a misdemeanor. If you are found guilty, it is bye bye to your permit forever.

[gdcleanfun]

Originally Posted by tattedupboy

I think we're just splitting hairs here. Legal or not, if you display a weapon in a threatening manner, whether to intimidate someone or to defend yourself, it's all brandishing in my book.

Tatted, splitting hairs? You bet! Point - counter point? Of course! Isn't that what the law does, something called technicalities?