Brandishing a weapon in self defense...

This is a discussion on Brandishing a weapon in self defense... within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; I am wondering how legal brandishing or displaying a weapon in order to stop an attack is (even if you do not feel your life ...

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  1. #1
    Member Array FryDay's Avatar
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    Brandishing a weapon in self defense...

    I am wondering how legal brandishing or displaying a weapon in order to stop an attack is (even if you do not feel your life is in danger. If someone came up to me unarmed but demanded my wallet, I am not sure I would feel like my life is in danger, but I certainly don't wish to give my hard earned money to a BG)

    In Wisconsin, the law states:
    “A person is privileged to threaten or intentionally use force against another for the
    purpose of preventing or terminating what the person reasonably believes to be an
    unlawful interference with his or her person by such other person.
    The actor may
    intentionally use only such force or threat thereof as the actor reasonably believes is
    necessary to prevent or terminate the interference. The actor may not intentionally use
    force which is intended or likely to cause death or great bodily harm unless the actor
    reasonably believes that such force is necessary to prevent imminent death or great
    bodily harm to himself or herself.” Wis. Stat. 939.48(1)

    This sounds to me like my wallet example would be perfectly justified. Am I wrong?
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  3. #2
    VIP Member Array TN_Mike's Avatar
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    I have drawn twice (both within a couple of months of each other in 2009) and both times I drew because I believed my life was in danger and I was about to have to fire to protect myself. In other words, i didn't draw with the intention to brandish and try to scare the bad guy into stopping what he was doing. In the first instance, the bad guy spun around faster than I thought a human wearing much too large clothing and gang attire could and ran away very fast and I was able to keep from firing. In the second, the bad guy immediately dropped his weapon (a pipe) in mid-swing and I was again able to keep from firing.

    My own personal belief is, I will not draw to brandish, I will only draw if my intention is to fire. Know your state laws and know them well.
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    Member Array scorpionsf's Avatar
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    no real life knowledge on the matter, but by reading the section it seems you be use it to threaten, but could not use it as a weapon unless threatened with bodily harmed

    that is assuming this section comes from a firearms specific law. am not sure because there is no mention of firearms anywhere, it just says force

  5. #4
    VIP Member Array mlr1m's Avatar
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    Quote Originally Posted by FryDay View Post
    I am wondering how legal brandishing or displaying a weapon in order to stop an attack is (even if you do not feel your life is in danger. If someone came up to me unarmed but demanded my wallet, I am not sure I would feel like my life is in danger, but I certainly don't wish to give my hard earned money to a BG)

    :SNIP:
    If you do not feel you are any danger why would you even consider giving them your hard earned money? Just say no thank you and go about your business.

    Michael
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    Member Array FryDay's Avatar
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    I said fear for my life. Getting the crap kicked out of me probably wont kill me...

    Sent from my Android phone.

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    Ex Member Array MadMac's Avatar
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    Already running here: Gun brandishing for self defense

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    Member Array TravisABQ's Avatar
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    Quote Originally Posted by FryDay View Post
    I said fear for my life. Getting the crap kicked out of me probably wont kill me...

    Sent from my Android phone.
    OK, so after you have the crap kicked out of you, your attacker has relieved you of your wallet AND your gun, and is caressing your throat, or inner thigh with his Ka-Bar..... will you be so confident, THEN?

  9. #8
    Member Array FryDay's Avatar
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    No, and that's why I think I would probably be justified in brandishing...

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    Member Array bdcheung's Avatar
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    If someone accosts me for my personal property, I'm turning around and running away as fast as I can.

    What happens after that is entirely dependent on what the bad guy decides to do.


    Sent from my iPhone using Tapatalk

  11. #10
    Member Array FryDay's Avatar
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    Quote Originally Posted by bdcheung View Post
    If someone accosts me for my personal property, I'm turning around and running away as fast as I can.

    What happens after that is entirely dependent on what the bad guy decides to do.


    Sent from my iPhone using Tapatalk
    Hmmmm, I don't like the idea of turning my back on the BG...

  12. #11
    Distinguished Member Array Jason Storm's Avatar
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    If you are going to pull your weapon out of the holster, make sure that you are justified in doing so. Otherwise it is brandishing. After you pull your handgun out, immediately call it in before the perp calls it in and changes his/her story.

  13. #12
    Member Array Marty Hayes's Avatar
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    Instead of asking the question on an Internet gun forum, I would respectfully suggest you consult a local self-defense attorney who has studied the local case law, and who can advise you as to what your rights are responsibilities are in this instance.
    bigdog44 and BigJon10125 like this.
    Marty Hayes, President
    Armed Citizens' Legal Defense Network, Inc.
    www.armedcitizensnetwork.org

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    Distinguished Member Array kelcarry's Avatar
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    Hey Marty Hayes: It still comes down to a possible arrest and a possible trial and any evidence (witnesses) that are brought into the case, including the arresting officer, who has considerable weight in the case. It is such a fine line between protecting yourself as a reasonable person who believes he is in imminent danger from death or great bodily injury, and a person who either is very "skittish" about their surroundings or truly believes he has the right to "menace" without any real imminent danger present. Can't hurt to speak to an attorney but I doubt if they can really make a difference unless their is a preponderence of case law that makes it very clear how a jurisdiction will handle imminent danger vs brandishing.

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    Member Array CAS_Shooter's Avatar
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    If you brandish, he just might walk away and get a bigger gun than the one he saw you brandish. My position is that anytime you pull your weapon, you better be prepared to fire it and to defend your actions in court. If you are not prepared to pull the trigger, it is probably not a good idea to get it out. Lots of bad can happen once it is out and you better be ready to have a reason for that bad to happen.

  16. #15
    Member Array bdcheung's Avatar
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    Quote Originally Posted by FryDay View Post
    Hmmmm, I don't like the idea of turning my back on the BG...
    So long as I or someone for whom I am responsible is not in immediate threat of death or serious bodily harm, then I'm running. A BG chasing after me with a knife makes an affirmative defense of "self defense" more defensible (wow...did I use enough variations of the word "defend" in that sentence?!)

    I wouldn't turn and run if the BG has a gun pointed at me with his finger on the trigger. Actually, I don't know what I would do in that situation.

    But if he's pointing a knife or other close quarters weapon at me, I'm getting my ass out of dodge.


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