When is it legal to brandish a firearm?

[spc]

Originally Posted by revjen45

If it's time to draw, it's time to shoot. A gun isn't for scaring people.

In the 1.5-2 seconds it takes to draw and fire a lot of things can change. The question is, in the 3/4 sec. it takes you to react to that change will you be able to adjust to the new situation presented???

Simply acting is much quicker than reacting. First the BG has to react to your change in status @ 3/4 second. Then you have to respond and react to any new situation presented @ 3/4 second. This does not leave a whole lot of time to think about and exercise discression.

If there is a bladed weapon or striking weapon involved with a BG in motion in my direction I don't think my reaction will change from draw to fire even if the BG has started to back off it may be too late for my response time to adjust. His poor selection on assaulting an armed person.

Force Science Research Center has gone a long way into studing response times and the tunnel vision along with all of the physiological changes that happen when the response from a life and death situation arises.

spc

[spc]

Originally Posted by Ziggy

SPC, I appreciate the fact that you did read the discussion, and brought up points that hadn't been raised before. The possibility of having my left hand unavailable, or of having the slide jamb, are issues that I *will* think about. Murphy does indeed intervene, eh?

I would have not been able to comment like I did if I had not gone over the debate. I hope I offered an unbiased statement that made sense and opened up new channels of thought. There is always room for growth. I truly appreciate that you *will* think about training for your safety.

Once a semi-auto is charged it is easy unless there is a failure to cycle. If the firearm is not charged, not only do you have to take the time to charge it, but have the availability to do so. If, for any reason you do not have both hands ready you had better have a solid back-up plan.

I firmly respect your decision to carry and to do so in any manner you see fit, so I am not picking on ya. I just want to point out the fact that you (or any of us) need to be fully prepared to cover any issues that might hinder your ability to defend yourself when the time arises. Again I understand you are working in a rural area, hopefully with good distance visability to aleviate the possibility of surprise.

I am sure that you will have thought out a set of drills to resolve the above mentioned issues is a breif time span. Even when everything works properly getting off accurate shots is an extreme challenge at best.

I do everything I can to give MR. MURPHY a vacation.

[Pete V]

Awaiting my C.C.W permit and wanted opinions. If you encounter a group of people not displaying weapons but are tauning intimadating and are say ten ft away.what are your opions on placeing you hand on the gun while holstered

than"d Pete V

[PascalFleischman]

Get out of Dodge, Pete. Threats are threats. Hayeva.....here in TN (as in many states, I'm sure), your ability to tell a jury what you feel is the difference between an NRA headline and 10 years in prison. If you can reasonably convince people that your state of mind at the point of drawing and firing a weapon was your "fight or flight" response, you are justified. A bunch of wannabe thugs hanging out near your car doesn't count. That'll get Al Sharpton AND Jesse Jackson drawing every news camera for 100 miles. Bad JuJu

[tattedupboy]

I would imagine that the situations for which brandishing is justifiable are not that different from those for which deadly force is, mainly, to ward of a threat or forcible felony of some kind. For example, if someone breaks into your house and you chamber a round in your 12 gauge pump while in the perp's presence, but don't actually fire, and then he stops, then you're justified.

[ishi]

Originally Posted by Pete V

Awaiting my C.C.W permit and wanted opinions. If you encounter a group of people not displaying weapons but are tauning intimadating and are say ten ft away.what are your opions on placeing you hand on the gun while holstered

Here's a quote from Massad Ayoob's book In the Gravest Extreme:

Bare fear, then, can sometimes be the misinterpretation of past episodes as cause for present defense. An even clearer example is when apprehension of attack rises from the mere presence of a stranger or group of strangers, without a reasonable indication that an assault is in the offing. For instance, an individual walks past a group of tough-looking persons on a street corner. One of the them, perhaps, makes a snotty remark.

"Oh my God, they're going to GET me," panics the individual, going for this gun. He is at this moment in the grip of bare fear - a morbid fantasy without basis in fact, on the grounds of which he is about to wrongly employ lethal force.

Bare fear is generally considered to be the mark of the paranoiac and the abject coward. It is the difference between, "He is about to assault me!" and "What if he assaults me?"

My interpretation is that visibly placing a hand on the gun without a clear and present threat to life and limb, would be aggravated assault. If nobody makes a move, this isn't warranted. In fact, this act might well escalate the situation. One of this group might see your gun, think "Oh my god, this crazy guy is going to kill us!" and pull their own gun and fire. You would likely be legally liable for the result of that.

[festus]

While I was in the USAF we were taught use of deadly force at least once a year and briefed before most major deployments. I see it this way,
1.If the perp is a clear threat, the perp goes down.
2. If the perp is not a clear threat (gun pointed away from living things and back turned), my weapon is at the ready and trained on the perp. A challenge of drop the gun will be issued. Any action other than immediate compliance...the perp goes down.
3. If the perp complies, my gun remains trained on the perp until LEO's arrive.
4. If the perp tries to injury anyone...THE PERP GOES DOWN.

Nuff Said

[shooter57]

After reading all the post I never saw an answer.
After looking at other states I find it's never legal to brandishing a weapon.
The right to carry a concealed weapon is for protection from fear of life or injury to self or another.
Use it to end the threat. carrying a weapon not ready for instant response will usually end up with the BG having your gun. The BG will not walk up to you from fifty yards to give you time to get ready for them. they will have a plan to get close and be upon you and the shortest amount of time possible, if your engaged in a task they may be only a couple of feet from you before you know their near you.
My thought if your not ready to react with a loaded gun leave it home.

[kwo51]

I often walk with my hand on my firearm in my pocket,or maybe with a knife in my hand but not open.Policeman approach a car with hand on firearm,or maybe with pistol drawn but behind leg out of sight.The responce I feel to this question is. If you present a gun at a person make darn sure you report it quickly.Fired or not. Remember pointing a firearm at someone is assualt .Remember a crime has been committed and it is you againsted them ,You must prove you feared for your life.Pee in your pants.JMO

[Scarecrow]

after reading the entire discussion, I have to say that many good points were made. and the "what if's" could go on forever. I don't think there will ever be any situation that is exactly like another. the variables are infinite. it's just really important to prepare yourself physically and expecially mentally as best as possible.

as one above has mentioned, I also like to carry sometimes with a gun in my front pocket. especially when I go to parts of town where a higher risk is. this way I can just walk with my hands in my pocket. it's totally natural and not one person knows I have my hand on my gun.