When is it legal to brandish a firearm?

[chroode]

Format Document

13-407. Justification; use of physical force in defense of premises

A. A person or his agent in lawful possession or control of premises is justified in threatening to use deadly physical force or in threatening or using physical force against another when and to the extent that a reasonable person would believe it immediately necessary to prevent or terminate the commission or attempted commission of a criminal trespass by the other person in or upon the premises.

B. A person may use deadly physical force under subsection A only in the defense of himself or third persons as described in sections 13-405 and 13-406.

C. In this section, "premises" means any real property and any structure, movable or immovable, permanent or temporary, adapted for both human residence and lodging whether occupied or not.

I love Arizona.

[KimberSniper]

Originally Posted by 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.

I assume you mean in a threatening way......

Are you "brandishing" if you are showing your friends your firearm in a safe manner? :)

[ronwill]

Originally Posted by KimberSniper

I assume you mean in a threatening way......

Are you "brandishing" if you are showing your friends your firearm in a safe manner? :)

Using the definition of brandish: to wave menacingly, I guess I'm talking about in a threatening way.
I wouldn't consider showing friends your firearms an "unnecessary" display.

[sportbiker929]

Originally Posted by S.C.

The "BANG"?

you mean the

BANG, BANG.....BANG

[todd]

First- know the Law, Deadly force and the responsibility of carrying. 1) if you carry a firearm then you have an intent if something happens to use it. 2) If you draw your weapon, it should be to use it. I am a strong believer that if/when I draw my weapon it is to fire, not threaten, not to intimidate, but to put the threat down and away, PERIOD!! If you carry a weapon, you better get your mind around it.

[melloyello]

Originally Posted by sportbiker929

you mean the

BANG, BANG.....BANG

I thought it was BANG, BANG....BANG...................................... ......BANG

Guess it is different in the house.

[fredmaidment]

I have a problem with brandishing laws in general. Deliberately pointing your weapon at someone or in a threatening manner should be illegal, unless acting self defense. However, simply displaying your weapon shouldn't be a crime. If I have my weapon sitting on the table next to me while I eat, I am legally brandishing, but not a threat to anyone until and unless I pick up that weapon.

Unfortunately, too many people see it differently.

[Boomboy007]

Originally Posted by fredmaidment

I have a problem with brandishing laws in general. Deliberately pointing your weapon at someone or in a threatening manner should be illegal, unless acting self defense. However, simply displaying your weapon shouldn't be a crime. If I have my weapon sitting on the table next to me while I eat, I am legally brandishing, but not a threat to anyone until and unless I pick up that weapon.

Unfortunately, too many people see it differently.

These are the same people that imbue emotional characteristics to inanimate devices. A firearm is no more evil than a hammer or a pen. They are merely tools that, in an evil persons hand, can do extreme damage.

Maybe we should outlaw evil. Oh, wait........

[echo6actual]

When we have to consider all the what if's the act of letting the fool know you are armed can go either way.

State laws are full of a lot of technical B.S. in the sense that if you see some weirdo in a dark parking lot

lingering around your car. All you want to do is go home in one piece so you draw your weapon and hold it

next to your leg. In my state this could be legally construed as criminal

wrecklessness! @#$#@%. I say if you feel nervous, skin your smoke

wagon. Don't aim and squeeze just yet (unless the weirdo makes a sure

move, and you know you have too). Just keep it close to your thigh it

looses the silhouette of the weapon, especially at night. Furthermore, if it

turns out to be nothing and someone runs to the cops you can

always say it was a cellphone(it works for the police to kill someone, why

can't it work for you to be on the safe side you have not shot anyone yet)

or something else. Play this one how it goes. Follow your gut.

Just displaying the weapon for the sake of displaying is not a good idea.

However, if someone seems like they are up to harming you displaying the

fact that you are not an easy target and they will catch hot lead in their

chest can be an excellent deterrent. You have to be willing to shoot if the

situation escalates. It is a hard heart that kills, not the weapon. In closing,

If you feel nervous skin your smoke wagon, I need you

tomorrow. Drawing is a case by case scenario, with no 100% guarantees

PLAY IT HOW IT GOES

[TatankaGap]

I believe there are about 3 million Defensive Gun Uses per year in the US and 85% of them involve brandishing in self-defense ~