When is it brandishing and when is it defense?

[Bighouse Doc]

If you can't justify firing it, do NOT draw it!

-Doc

[Nightmare45]

No other option, fear of life for yourself or your family, again depends on where you live BG's have advantage in NY and CA, Texas is concealed carry state, so I will pull my weapon when all other options are exhausted and I am in fear of my life or injury to myself or family will also pull cell phone call 911, here is where open carry is nice, in open in holster, not brandshing. Actually have pulled weapon once along with phone cops came and arrested the three guys two had knives, you may also want to consider the 21 foot rule.

[xdmgator]

In Fla it is a felony to brandish your weapon...period, now in Fl if you pull your firearm and 1. don't use it but situation is stopped great 2. Use it and wound BG and situation is stopped great...in both these cases believe it or not you could still go to jail with felony charge becasue burden of proof lies with you and your gun ...your word against his ... Better get a better lawyer than the BG! Now if you defend yourself and BG dies still burden of proof on you but easier for you to proove your side no witnesses...best case sennario is not pull as said before...but if you must before you do pull it, yell help help I am being chased by bag guy with gun !! Yell fire fire run away !!! Now that you have laid down your duress so that others may have over heard you now possibly have witness' that over heard the commotion and will help your cause....its not the old west anymore laws are for the BG not the law abiding citizens...just keep that in mind, I'm sure everyone on here knows the great responsibility that comes from gun ownership and legal carry.

[xdmgator]

How about another reason never to brandish or even have open carry for you guys where its legal....let's suppose you driving down the road and you happen to have you gun in site, BG gets road rage and calls cops on YOU says u threatened him and wave the gun at him when clearly you did not, dosent matter you still have to fight your way out of court (time & mney) ...I was taught and believe people shouldnt even know you own a firearm period

[trailboss]

Its like a good samurai sword.
If it comes out,it must draw blood before you put it back.

[B2Tall]

How about another reason never to brandish or even have open carry for you guys where its legal....let's suppose you driving down the road and you happen to have you gun in site, BG gets road rage and calls cops on YOU says u threatened him and wave the gun at him when clearly you did not, dosent matter you still have to fight your way out of court (time & mney) ...I was taught and believe people shouldnt even know you own a firearm period

I brought this scenario up a while back on these boards. Showing your gun to a road-rager while he's still in his car is considered brandishing no matter where you are. While the both of you are in your cars he is no real threat to you, hence the brandishing. As I said on another thread not too long ago, only a fool would open their shirt (i.e. brandish) to display a firearm in any situation. Great way to get yourself shot or arrested regardless of who was truly the instigator.

If you feel the need to simply display your weapon in order to dissuade a potential threat, then it's not a real threat. Any prosecutor will ask you "Well if it was that bad, why didn't you draw your weapon and point it at him?? Why didn't you call 911??"etc., etc. Most instructors will tell you that half-measures are not a good idea. That doesn't mean you have to automatically shoot somebody, but at least draw your weapon and (this is important) announce your intention to "defend yourself" if the threat continues. Some guy screaming obscenities at you because you took "his" parking spot is not a threat. That same guy screaming at you while advancing with a tire iron in his hand....well, that's a different story.

Another way to protect yourself from any possible brandishing charges is to call the police afterwards and give them a full account of what happened....even if the situation was defused. You don't want LE showing up at your house a few hours later acting on a report that you threatened some guy with your gun in a parking lot. If I ever have to draw on a potential threat in the course of defending myself, I will definitely call the police afterwards regardless of whether shots were fired or not. Just another chapter in the time-honored tradition of "covering one's ass".

[Firefighterchen]

How about another reason never to brandish or even have open carry for you guys where its legal....let's suppose you driving down the road and you happen to have you gun in site, BG gets road rage and calls cops on YOU says u threatened him and wave the gun at him when clearly you did not, dosent matter you still have to fight your way out of court (time & mney) ...I was taught and believe people shouldnt even know you own a firearm period

Sounds like a good reason to not carry at all. Wouldn't want someone to see printing or the tip of the barrel if you happen to reach for something in a store, and a bg starts screaming you pointed the gun at all the innocent bystanders. *SARCASM* for those that would get confused


Good points on this thread though. Don't pull it if you don't absolutely have to. If you do, and the threat stops, the trigger finger stops. Then the trigger finger calls 911, since the incident was extreme enough to present deadly force.

[BC1]

No other option, fear of life for yourself or your family, again depends on where you live BG's have advantage in NY and CA, Texas is concealed carry state, so I will pull my weapon when all other options are exhausted and I am in fear of my life or injury to myself or family will also pull cell phone call 911, here is where open carry is nice, in open in holster, not brandshing. Actually have pulled weapon once along with phone cops came and arrested the three guys two had knives, you may also want to consider the 21 foot rule.

Bad guy's don't have an advantage in NYS. Persons with a CCW permit are pretty much unmolested by crazy laws. In NYS it is legal to carry in a bar, restuarant, church, hospital, bank, public transportation, etc., so there are few places where you can't have your gun. Now in NYC the BG definitely has an advantage as he knows his victim is unarmed.

[Nightmare45]

That was my point almost impossible to get cc in NY and CA. If you have CC in NY or CA congrats.

[fudo]

Its like a good samurai sword.
If it comes out,it must draw blood before you put it back.

Not really. If you draw you will have to justify it, if the guy backs off and you don't have to fire, great. Whether you have legal problems or not really depends on the legal situation in your area.