When is it legal to brandish a firearm?

[Memphis]

I'm going to have to say that I subscribe to the "point and shoot" process. If I truly feel threatened for my life enough to where I have to draw my weapon I WILL fire, I WILL be justified and I WILL NOT think about whether or not the BG had the stones to strike first. He already did in my eyes, and the jury's I'd hope.

I'm a very laid back guy and at 6'1" and 185# I'm not big but, I can handle myself. I don't think many of my friends understand I'm as aware as I am of everything going on around me though. I preach this to them and my son constantly. KNOW WHO'S AROUND YOU! I have the same attitude about self preservation many of my fellow gun guys/gals have but, without that harsh militant attitude some seem to produce. Don't mistake that for a lack of willingness to fire my weapon to protect my loved ones though.

Just my $.02

[Ryan H]

If someone is 30 feet away from you but has a ball bat and is coming at you, I'd consider it safe to go to the low-ready stance. Once they get within 21 feet though they're gonna change their mind one way or another.

[FLSWCarry]

Lots of people stating interesting perspectives here, just read all 5 pages. Unfortunately this thread is suffering from black and white syndrome. And this is not a black and white issue, this is a huge grey area (both in practice and legally.) When you own a gun, it is not best to be "one-sided" about how you wield it. There are a million different scenarios and appropriate behaviours for each, and yes they will all be flying through your head a thousand miles an hour in a life/death situation.

The truth is the closer proximitity (sp?) you are to potential threats (any sizeable living thing really) the more sense it makes to be carrying hot, because you are more likely to encounter a situation that requires less time to respond. (That's right, respond). A reaction is saying "ok I'm gonna shoot" and then pulling the trigger. Both are needed for action, but there is no intelligence there. A response is an intelligent, constantly changing counter-reaction, which is what you will need in a real life situation to get through un-harmed (both physically and legally).

Which, regretfully, is why stupid people shouldn't be carrying guns. The more power/responsibility you wield the more intelligence it's going to take to control that power/responsibility. Carrying a hot sidearm (safely 100%, not 99.8%) requires in immense amount of intelligence.

There is a phrase I believe most of us have heard before... it's called "situational awareness." It is part of an overall high awareness level, something many (most) of us lack. I haven't heard it mentioned once in over 50 posts on this thread. The truth is your ability survive in the world today requires an immense amount of situational awareness. Instead of training how to shoot 24/7 you all should take a few minutes to develop yours (if you aren't doing that already).

I hope I'm not offending anyone, I don't mean to. I believe there was one more issue...about the whole quote from the guy talking about "paranoia" blah blah blah. It's a great quote to get a point across to the CCL guy, which is why I'm sure he put it there, but all in all it's crap. Yes it's true that "bare fear" the way he's describing it can seperate a paranoid person from someone who is situationally aware (he's going to attack me! vs what if he attacks me?), but that is way too much besides the point here. The reality of the matter: Anyone is a threat. Recognize that completely, then get over it completely (and yourself while your at it :P). Not singling anyone out here. It's up to you to respond intelligently to any situation as it presents itself to you. Many of us here seem to train mentally and physically. I think preparation is the key when owning a firearm. That doesn't mean however, by any stretch of the imagination, (at least when I say it) that you need to keep your gun hot all the time. At the end of the day, common sense prevails over clinging to beliefs about a situation. If of course, you have any to use in the first place :P
We can argue semantics ALL DAY people. Let's try to be a little less black and white.
But anyway, How's that for filling in some grey area? :)
Sorry to add so much to this already lengthy thread, but thanks for listening to my opinion.

[JosephR]

Originally Posted by Torch

I'm with you guys. The only time I would ever brandish is, if in the act of drawing to shoot, the bad guy starts running. I wouldn't want to shoot somebody in the back.

Exactly. I think in most states that this is the only instance where you can legally brandish the firearm.

I would never brandish a firearm to deter someone although I actually have once. He was in my car, through the passenger side window, all the way in up to his belt yelling and screaming because I wouldn't turn on red and was holding him up. I gave him a stern get the F out of my car 6 or more times and finally put my hand on the gun in my holster. The eighth time I yelled the same thing, it came out about an inch or two so he could see movement. I wasn't in grave danger so there was no shoot.

But, if the gun comes out it had better be to shoot. Obviously I can understand a circumstance where it doesn't happen this way but my advice is don't bring it out until it's time to shoot.

[squisher]

Originally Posted by JosephR

Exactly. I think in most states that this is the only instance where you can legally brandish the firearm.

I would never brandish a firearm to deter someone although I actually have once. He was in my car, through the passenger side window, all the way in up to his belt yelling and screaming because I wouldn't turn on red and was holding him up. I gave him a stern get the F out of my car 6 or more times and finally put my hand on the gun in my holster. The eighth time I yelled the same thing, it came out about an inch or two so he could see movement. I wasn't in grave danger so there was no shoot.

But, if the gun comes out it had better be to shoot. Obviously I can understand a circumstance where it doesn't happen this way but my advice is don't bring it out until it's time to shoot.

I would consider a person coming in through my passenger window to be a very clear and present threat, especially if they are hot & bothered about something as stupid as traffic flow.

The fact that you were able to defuse the situation without resorting to violence is a good thing "brandishing" or not. To me it seemed more like you were preparing, not "brandishing." IANAL, but seriously, I would be afraid for my person in a situation like that. Although trouncing the skinny pedal, then mashing the brakes while he's hanging half-in half-out like that might change his mind too (traffic allowing of course).

Back on (sorta) topic:
Several IF's come up when I think about this. I practice primarily a "draw and drop safety" -- but leave out the shoot (mostly because I'm in my house -- but it also will ensure that the decision to shoot is a conscious one, not one born of muscle memory), but each situation is different. Hopefully there will be enough time for the BG to have the "lights turn on" and choose not to pursue his crime any further. If no-one dies or gets hurt, that's always the best. But if it comes down to it, I don't plan on it being me.

It's all about being prepared, and being able to use your best judgement and instincts at the time -- and praying that that time never comes.

That prayer is the main reason I prefer to OC when I'm out and about. I practice being aware, but I also practice being a poor choice in targets. I WILL fight back, and that's 3/4's of the battle.