when is it legal to draw? - Page 2
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Thread: when is it legal to draw?

  1. #11
    Hey Kelcarry, I'd pass you a Fourloko, but Chuck (Rhymes with a better word. ) Schumer wants them banned as well.

  2.   
  3. Each locality will have there own legislation regulating the specifics of displaying a firearm. In New Mexico we do not have a 'brandishing' statute. Rather you're exposed to Aggravated Assault which is to threaten another with a deadly weapon.

    My general rule of thumb is to keep my firearm holstered until I am ready, willing, and justifiably able to use it. If the presence of my firearm stops the action prior to pulling the trigger, that's awesome.. but I will immediately (as soon as reasonably possible) contact local Police to advise of the situation to reduce my risk of being charged with aggravated assault.

    If the incident goes unreported and the person on whom you pointed a firearm at calls PD to report you first- things can get ugly.

    Your mileage will vary, the above is not legal advice.
    Quick to the gun, Sure of your grip. Quick to the threat, sure of your shot. - Chris Costa

  4. #13
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    Quote Originally Posted by JJFlash View Post
    I see no problem with "exposing" your piece if the intention is to stop bad things from happening. Sweeping your jacket aside to give a BG the opportunity to make a different decision is not "brandishing", IMO. In fact, I think it's a smart move to head off what could be very dire consequences (for all concerned). If I draw, it would be with the intent to use it, altho, time permitting, I might draw to the "ready" position, and give the BG yet another opportunity to come to his senses. Hope to high heaven it nevers comes to this.
    I couldn't agree with you more.....and I highly doubt that somebody whom is or may be considering violating you, will be contacting the police should you give them a peek at your piece. I would be very vocal in that I am carrying and I want no trouble, but will be 100% responsible should they continue to push my right to protect myself.

  5. #14
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    Hey Pokey: Can understand your comments and agreement with JJ but I would think you had better be very careful depending on the jurisdiction you are in, and the "if" in your initial sentence better be very clear in your mind. You and JJ may be better "trained" than many but I have certainly had conversations with a number of people who seem to even think that firing their firearm in the air is a worthwhile deterrent--it sure is and it takes the showing of the firearm to another level-- but if you want trouble try and keep that kind of action going all the time you "think" you "may" have a problem.

  6. #15
    Each state has it's own laws on this matter. You need to sit down and read your states code on this matter!

    THEY MAY TAKE OUR LIVES BUT THEY'LL NEVER TAKE OUR FREEDOM!!!!!

  7. #16
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    Quote Originally Posted by kelcarry View Post
    Hey Pokey: Can understand your comments and agreement with JJ but I would think you had better be very careful depending on the jurisdiction you are in, and the "if" in your initial sentence better be very clear in your mind. You and JJ may be better "trained" than many but I have certainly had conversations with a number of people who seem to even think that firing their firearm in the air is a worthwhile deterrent--it sure is and it takes the showing of the firearm to another level-- but if you want trouble try and keep that kind of action going all the time you "think" you "may" have a problem.
    Yup I see your point, and I would use very good common sense in such a situation. I think that allot of high grade mace/pepper spray is for sure a weapon, as is a knife......so I would take my chances with 12, instead of possibly being carried by 6. If I am carrying my Glock 19 in my sideholster, but yet the gun is concealed being due to my jacket/long shirt, yet I pull back my jacket or lift up shirt to show the perp I mean business.....can't see how that would be illegal. We also have an open carry law here, so the gun is still in the holster and not being brandished. The problem is that some of the carry laws in many states "like OHIO" are not black and white, that is a problem and seriously needs to be fixed. Too much relies on the situation at hand, and you would like to think that folks like us would have the law on our side.

  8. #17
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    Quote Originally Posted by S&WM&P40 View Post
    Each state has it's own laws on this matter. You need to sit down and read your states code on this matter!
    Except that there is allot of gray areas in many of the codes/laws, that is a problem. Heck many law enforcment officers don't even know the ins and outs of the CCW or personal protection laws......and that is plain scary. When a law abiding citizen is put into a fight or flight situation, many times the laws don't come into play. That is where a judge and possibly even a jury needs to get a clue, and especially put themselves in the victims shoes.

  9. #18
    Quote Originally Posted by Pokey View Post
    Except that there is allot of gray areas in many of the codes/laws, that is a problem.
    Or as Micheal Douglas said in the movie "Black Rain", "New York is one great big gray area."

  10. #19
    Quote Originally Posted by Pokey View Post
    Except that there is allot of gray areas in many of the codes/laws, that is a problem. Heck many law enforcment officers don't even know the ins and outs of the CCW or personal protection laws......and that is plain scary. When a law abiding citizen is put into a fight or flight situation, many times the laws don't come into play. That is where a judge and possibly even a jury needs to get a clue, and especially put themselves in the victims shoes.
    That's when it falls on John Q to sit down with a lawyer and go over codes they don't understand. As I have found law makers love to pass laws. But when it comes to understanding what they have just passed they have no clue and therein lies the problem. Go to your states website and research the codes and try and get a understanding of what they mean.

    THEY MAY TAKE OUR LIVES BUT THEY'LL NEVER TAKE OUR FREEDOM!!!!!

  11. #20
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    Hey Pokey: Merry Christmas and a Happy New Year that does not cause you a moment to show any intent per this thread. God Bless brother.

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