When is it brandishing and when is it defense? - Page 7
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Thread: When is it brandishing and when is it defense?

  1. #61
    Brandishing laws for me in Iowa. Brandishing is showing or displaying the firearm with violent intentions.IE: Taking gun out while threatening.

    Now everything else is ok, if my shirt doesn't cover the gun, no biggie. If someone asks me about what I'm carrying, I can show them. But granted this is also an OC permitted state.

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  3. #62
    Quote Originally Posted by Cotillion View Post
    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.
    If you wait to draw until you have a gun pointed at you or your family, a physical attack by multiple assailants is underway, you are already too late, and the wrong people are likely to be injured, or worse.
    War to the Knife, Knife to the hilt.
    If we don't want to live in a trashy area, we all have to be willing to help pick up the trash.

  4. #63
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    Hey Nightmare: If most BG's are ambush hunters, it is another reason to fully embrace situational awareness (SA). There is a good chance if you end up being "ambushed", it is because you let your SA guard down and allowed yourself to be "ambushed". I am 70 years old and most of that time was in NY/NJ without a firearm or any defense and I never came close to anything resembling some of the what ifs we can dream up on this forum. I am always looking around, looking ahead, planning ahead and go out of my way to park, walk, drive etal where I consider the possible risk to be minimal if not impossible (lots of light, lots of people etc etc). Reminds me of the Plaxico Burris story---"if you need to go somewhere where you needed a gun, you probably should never have gone there"

  5. #64
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    Quote Originally Posted by Phillip Gain View Post
    I'm an instructor.

    Remember, drawing a firearm in a confrontation constitutes a use of deadly force regardless of whether it is fired, and regardless of whether injury or death is inflicted.
    Bullcrap.... the simple act of drawing a firearm does NOT constitute "USE" of deadly force UNTIL it is discharged, period............

    More people die from automobiles than firearms yearly... If I show you my car, am I now guilty of "using deadly force"?

    Geesh, doggone instructors spread more rumors than fact around here.......


    PS... the rest of your post (that was not quoted) was spot on... and good advice.

  6. #65
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    Quote Originally Posted by walt629 View Post
    Solid answer with explanation too. Thanks.
    Yup, and yet the thread grows! ...Just like the very next post! ;-)
    1)"When injustice becomes law, resistance becomes duty." -Thomas Jefferson.
    2)"Imagine how gun control might be stomped if GOA or SAF had the (compromising) NRA's 4 million members!" -Me. http://jpfo.org/filegen-n-z/nraletter.htm

  7. #66
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    Quote Originally Posted by kelcarry View Post
    Hey Nightmare: If most BG's are ambush hunters, it is another reason to fully embrace situational awareness (SA). There is a good chance if you end up being "ambushed", it is because you let your SA guard down and allowed yourself to be "ambushed". I am 70 years old and most of that time was in NY/NJ without a firearm or any defense and I never came close to anything resembling some of the what ifs we can dream up on this forum. I am always looking around, looking ahead, planning ahead and go out of my way to park, walk, drive etal where I consider the possible risk to be minimal if not impossible (lots of light, lots of people etc etc). Reminds me of the Plaxico Burris story---"if you need to go somewhere where you needed a gun, you probably should never have gone there"
    Westroads mall (Von Maur) in Omaha, Columbine, Virginia Tech, Lubby's in Texas, the post office where "going postal" originated, the Denver church, and more listed here: Raw Data: Past Deadly U.S. Mass Shootings - Local News | News Articles | National News | US News - FOXNews.com ...Along with any number of random, daytime attacks in various parking lots, sidewalks in suburbia's, etc and so on and so on. Many of them at locations that sported the ol' "no guns" signs!

    We do not have the ability to foresee the future, Kelcarry. Although the likelihood is low any one of us will be provided a deadly attack (thankfully) they do happen and all too frequently. Your argument above would be an insult to the many, many, many families who've lost loved ones to random and unforseeable attacks IMHO.
    1)"When injustice becomes law, resistance becomes duty." -Thomas Jefferson.
    2)"Imagine how gun control might be stomped if GOA or SAF had the (compromising) NRA's 4 million members!" -Me. http://jpfo.org/filegen-n-z/nraletter.htm

  8. #67
    It seems a bit extreme to me if some States would consider the mere showing of a gun to be "using deadly force". But I have heard of stranger things when it comes to legal issues.

  9. #68
    Quote Originally Posted by Providence Ranch View Post
    It's not "waving the gun around." That WOULD be brandishing, and anyone who does that deserves what they get in court. It's called drawing or presenting your weapon. I doubt that even the Colorado LE agencies would have trouble seeing the distinction, especially after questioning witnesses.
    Brandishing in Colorado law is referred to as menacing and it does not matter how you present the gun. It doesnt even matter if you have a gun or not. If you make somebody fear for their life with actions or with words, you are guilty of menacing. Drawing will make people fear for their life. The best that could happen for you if you decide to point your gun at somebody to try to scare them off is getting lucky to not get charged with menacing because of the jury viewing it as justified aka, Choice of Evils as it is called in Colorado law.

  10. #69
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    Quote Originally Posted by Deserteagle View Post
    This does:
    18-1-701. Execution of public duty.


    (1) Unless inconsistent with other provisions of sections 18-1-702 to 18-1-710, defining justifiable use of physical force, or with some other provision of law, conduct which would otherwise constitute an offense is justifiable and not criminal when it is required or authorized by a provision of law or a judicial decree binding in Colorado.

    (2) A "provision of law" and a "judicial decree" in subsection (1) of this section mean:

    (a) Laws defining duties and functions of public servants;
    Thank you for showing me what gives them permission to point a loaded gun at a citizen.

  11. #70
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    Quote Originally Posted by Deserteagle View Post
    Brandishing in Colorado law is referred to as menacing and it does not matter how you present the gun. It doesnt even matter if you have a gun or not. If you make somebody fear for their life with actions or with words, you are guilty of menacing. Drawing will make people fear for their life. The best that could happen for you if you decide to point your gun at somebody to try to scare them off is getting lucky to not get charged with menacing because of the jury viewing it as justified aka, Choice of Evils as it is called in Colorado law.
    Alright mr know-it-all.... please show me in ANY OF MY POSTS IN BOTH THREADS where I said that the firearm was pointed to "scare" someone...... You seem to be hell-bent on refusing to answer the simple question I have asked you at least 5 times.....

    All you ever do is keep repeating that YOU WOULD MURDER SOMEONE WHO IS NO LONGER A THREAT, just to keep from being possibly accused of "brandishing"...

    Do you really, actually think this way? Is this how you want to portray yourself in public record (this forum) when, heaven forbid, you actually DO have to defend yourself? With all these posts you have made, the prosecuting attorney will have enough grounds to make the charge pre-meditated murder...

    You are quite dangerous and I suggest you take your own advice that you keep trying to give me, which is to seek some psychiatric help....Please do so soon, as you are just itching to kill..... You have shown us all this, why cant you see it yourself? Delusion? Pride? Just plain bat-sh** crazy?

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