NC and elsewhere---brandishing.
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Thread: NC and elsewhere---brandishing.

  1. NC and elsewhere---brandishing.

    I'm trying to clarify NC Law about showing a firearm to ward off a probable threat. Example: you are camping in a remote area when one or more belligerent people approach your campsite. They are being aggressive, though not yet physical. Is it okay to draw my pistol and tell them to get away from my site? I am afraid, but not yet in immediate physical danger.

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  3. #2

    NC and elsewhere---brandishing.

    A weapon is not a tool for intimidation. I would not draw until you felt physically threatened. Call the police and get them en route in the mean time.

    I don't about NC but in WA if you draw down on somebody and point the weapon at them, and there is no legitimate threat, you can be charged with assault with a deadly weapon, not just brandishing.

  4. I also live in NC, and it is not advisable to use a gun to de-escalate a situation.

  5. #4
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    If you feel threatened then engage. If you feel there are trolls about then leave it up to your conscience. Juz saying...
    "The smallest minority on earth is the individual. Those who deny individual rights cannot claim to be defenders of minorities." --author and philosopher Ayn Rand (1905-1982)

  6. #5
    Quote Originally Posted by mappow View Post
    If you feel threatened then engage. If you feel there are trolls about then leave it up to your conscience. Juz saying...
    "If there are trolls around" :):)

    Now that's funny!

    KK

  7. #6
    Quote Originally Posted by jcreek View Post
    A weapon is not a tool for intimidation. I would not draw until you felt physically threatened. Call the police and get them en route in the mean time.

    I don't about NC but in WA if you draw down on somebody and point the weapon at them, and there is no legitimate threat, you can be charged with assault with a deadly weapon, not just brandishing.
    You did read the part that they were camping in a remote area, didn't you? Normally we think of cops being minutes away, we're probably talking hours here, possibly only to be told they ain't coming due to the federal sequester (National Park). One of the reasons federal law was changed in 2010 to allow carry in National Parks.

    There may not even be cell service where they are, but use the phone to record video and audio might be the only use the phone has, plus document the threat. The sight of a holstered gun might be enough deterrent, and not an issue since NC is an open carry state.
    “Religion is an insult to human dignity. Without it you would have good people doing good things and evil people doing evil things.
    But for good people to do evil things, that takes religion.” ― Steven Weinberg

  8. #7
    Quote Originally Posted by 82FIST View Post
    I also live in NC, and it is not advisable to use a gun to de-escalate a situation.
    But a citizen is legally justified in using deadly force against another only if: The citizen actually believes deadly force is necessary to prevent an imminent threat of death, great bodily harm, or sexual assault.

    Ever seen the movie Deliverance?
    “Religion is an insult to human dignity. Without it you would have good people doing good things and evil people doing evil things.
    But for good people to do evil things, that takes religion.” ― Steven Weinberg

  9. #8
    Quote Originally Posted by XD40scinNC View Post

    You did read the part that they were camping in a remote area, didn't you? Normally we think of cops being minutes away, we're probably talking hours here, possibly only to be told they ain't coming due to the federal sequester (National Park). One of the reasons federal law was changed in 2010 to allow carry in National Parks.

    There may not even be cell service where they are, but use the phone to record video and audio might be the only use the phone has, plus document the threat. The sight of a holstered gun might be enough deterrent, and not an issue since NC is an open carry state.
    I did read that and my point doesn't change, granted you have cell service. If you have the time and opportunity, notifying police before the situation gets out of hand is always advisable. Even if they say they can't send somebody, they at least have a record of you calling if you end up having to draw. If you draw your weapon, and they back down and turn around and call the cops on you, now you look like the bad guy to cops and the likelihood of you being charged with a weapons crime increases. It's always best to be the first one to call. How do you think the Zimmerman trial would have turned out had he not called 911 at all?

    If you don't have cell service at all, you're on your own and you do whatever you feel you have to to defend yourself. But if you have to draw your weapon, even if you don't engage, it would still be prudent of you to find cell service and call, just incase they call too.

  10. The gun, then, is to be drawn for just one reason: to pull the trigger. I hope I'm never in that situation.

  11. In nc, drawing the firearm follows the same rules as using it. You are not allowed to draw unless you fear for bodily harm, death, or sexual assault.

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