When is it brandishing and when is it defense? - Page 4
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Thread: When is it brandishing and when is it defense?

  1. #31
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    Quote Originally Posted by Unfettered Might View Post
    Your local law is the important answer here, no one answer will apply to everyone in every state.

    In my state there is no "brandishing" law, guess because we actually pay attention to the long honored definition of the word instead of trying to redefine english to make something illegal when it obviously should not be.

    To simplify for those of you that are confused, "brandishing" means "to point or wave about in a threatening manner", it does not mean to just expose the weapon.
    You see, that's what I learned regarding brandishing. A lot of responses here and on other posts would have you believe that an unintentional exposure (your shirt rides up when you bend over at the store to get the pizza sauce off the bottom shelf) is to be considered brandishing.

    Drawing your weapon and maintaining a safe position (muzzle down at your side finger off the trigger) in my book is not ratcheting the situation up a notch, it IS putting yourself in a higher state of readiness. IMHO.

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  3. #32
    Quote Originally Posted by walt629 View Post
    Drawing your weapon and maintaining a safe position (muzzle down at your side finger off the trigger) in my book is not ratcheting the situation up a notch, it IS putting yourself in a higher state of readiness. IMHO.
    Unfortunately, putting yourself at a higher state of readiness will also put you in prison once the bad guy runs away and calls the police saying a guy with a gun just threatened to kill him.

  4. #33
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    If the BG has a weapon and is comming your way you grasp your gun and warn him about his intentions of atacking you. You will stop him, if he still keeps comming you "with a weapon" to do you or your group great bodily harm you can draw. If that fails you can fire. Hopefuly it will never come to the final point. God be with you and protect you and yours.

  5. #34
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    Quote Originally Posted by 50SR9 View Post
    Well, how about just saying, "Stop, I feel that my safety is in danger. I do have a weapon and will use it." Finish that with what ever you wish to finish it with. Not brandishing, but letting the individual(s) know that you are armed and will shoot. How does that fit? Don't know that I would actually handle it that way, but that could be a way to approach the situation.
    I'm not too sure about advising your adversary that you're armed prior to going into a ready alert level. I agree with you about giving warning before shooting. Give that last opportunity for the opponent to back out of a bad situation is always the humane thing to do. But if the situation has escalated to the that I would draw my weapon to the ready. My hand is up in the defense (Stop! I have a gun and I'll use it!)posture but the weapon is at my side.

    At that point the opponent runs. The question remains. Did I brandish or did I defend myself?

  6. #35
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    Quote Originally Posted by unclewayne17 View Post
    If the BG has a weapon and is comming your way you grasp your gun and warn him about his intentions of atacking you. You will stop him, if he still keeps comming you "with a weapon" to do you or your group great bodily harm you can draw. If that fails you can fire. Hopefuly it will never come to the final point. God be with you and protect you and yours.
    I think I understand what you're saying but... a person intent on doing you harm can agressively cover 20 feet in less than 3 seconds. Try it sometime with a friend. Pace off 20 feet, tell him to run at you at any time he chooses. Get into a stupid topic argument/shouting match. Hand waving, the whole 9 yards. And when he breaks at you... see if you can draw from cover before he gets to you.

    I would just as soon have my weapon drawn and ready at my side or behind my back.

    All that having been said, why is it that some consider the simple act of drawing your weapon and act of brandishing?

  7. Since I seemed to have gone off on a "tangent" with my first post let me try and break it down 1 more time.

    Firstly carrying a gun is a risk. Many may argue this but using a firearm justified or not can land you in a big pile of legal trouble. Every person is different when it comes down to what we consider dangerous. For myself being 6'3, 235 pounds the ONLY time I would draw my gun is if A ) a firearm is or has been pulled on me or my family, B ) there are MULTIPLE assailants ATTACKING me or my family physically or C ) I catch someone breaking in to my home. The only time I would draw my firearm and NOT fire would be if a BG was closing in on me with some sort of weapon like a knife or bat. I would draw, warn and then if I must fire I would pray I can stop him without killing him. Even by following these rules I still run the risk of being charged with some sort of crime. It happens all the time in every state. I carry knowing that the risk is worth my families safety.

    Hopefully this can clear up anyone's grey areas. Do not fire your gun unless you feel so threatened that you'd be willing to serve time for it.

  8. #37
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    Quote Originally Posted by Deserteagle View Post
    Unfortunately, putting yourself at a higher state of readiness will also put you in prison once the bad guy runs away and calls the police saying a guy with a gun just threatened to kill him.
    No offense meant, but if that's the law in Colorado and what you've been taught, I'm real glad I don't live in Colorado. Laws that mandate that once the weapon is draw and not discharged in self-defense is considered brandishing the weapon, put you as a law abiding citizen at odds with your own safety. Those laws need to be reviewed.

    If the bad guy runs away after the exposure of your weapon. I consider the situation diffused and it would be your responsibility to REPORT THE BAD GUY, not the other way around. I am making some assumptions in that you are the law abiding citizen here and not the one that started the conflict that resulted in you having to draw your weapon.

  9. #38
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    Quote Originally Posted by Nightmare45 View Post
    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.
    I don't think too many of the posters here understand the 21 foot rule (I learned 20 feet). That distance can be covered in an incredibly short time frame, most times faster than most people can draw their weapon.

    Good points. Thanks.

  10. #39
    Phillips Gain, you may have an accurate legal definition in some places, but I could not disagree more with your logic.

    The simple presentation of a firearm is NOT a use of deadly force. Some entities may argue so, but I challenge you to find a single example of someone who has suffered serious bodily injury or death as the result if the simple presentation of a weapon.

    Presenting a weapon is a SHOW of force, an act meant as a final warning that deadly force WILL be used imminently. But it is not, in itself, a use of force.

    Brandishing, according to the simple definition, is to wave or flourish something, and is typically used in the context of a weapon of some sort. Presenting your weapon to a ready position does not qualify as brandishing, nor is it a use of force. It is a warning: the strongest and most responsible warning a gun owner can give his or her attacker before making the ultimate choice of whether to point in and press the trigger.

  11. #40
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    Quote Originally Posted by walt629 View Post
    You see, that's what I learned regarding brandishing. A lot of responses here and on other posts would have you believe that an unintentional exposure (your shirt rides up when you bend over at the store to get the pizza sauce off the bottom shelf) is to be considered brandishing.

    Drawing your weapon and maintaining a safe position (muzzle down at your side finger off the trigger) in my book is not ratcheting the situation up a notch, it IS putting yourself in a higher state of readiness. IMHO.
    In most states, "brandishing" is to display the weapon in a threatening manner of some sort. Fortunately here in Florida, accidental displays of a concealed weapon have been decriminalized. There has to be a threat, direct or implied, for it to be brandishing....at least in Florida.
    (Insert random tough-guy quote here)
    "See my gun?? Aren't you impressed?" - Anonymous sheepdog
    The hardware is the same, but the software is vastly different.

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