Brandishing – how to keep it from backfiring on you?

Brandishing – how to keep it from backfiring on you?

This is a discussion on Brandishing – how to keep it from backfiring on you? within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; cwl: I have read a few posts / stories where someone is threatened and felt justified to put their hand on their gun or even ...

Page 1 of 2 12 LastLast
Results 1 to 15 of 30

Thread: Brandishing – how to keep it from backfiring on you?

  1. #1
    Member Array TechGuy's Avatar
    Join Date
    Dec 2006
    Location
    Post Falls Idaho
    Posts
    143

    Question Brandishing – how to keep it from backfiring on you?

    cwl: I have read a few posts / stories where someone is threatened and felt justified to put their hand on their gun or even pull their gun to defuse an immediate threat only to have the cops called they get in trouble themselves.

    Now a real BG who was going to rob/rape/harm you is not going to call the cops and I’m not talking about the boneheads who flash a gun at the rowdy kids in the store / restaurant to get them to shut up. I’m talking real need to reveal and then end up YOU are the BG.

    If you felt it necessary to pull your gun, I think that would warrant a 911 call to report the incident so you are the good guy. Or am I off base. . . ?!


  2. #2
    VIP Member
    Array srfl's Avatar
    Join Date
    Sep 2005
    Location
    FL
    Posts
    6,868
    No, you are not off base. If you have a fear of death or bodily injury you need to immediately contact LE and report the facts. If not, the BG (or an uninformed, but probably well intentioned witness) will report you as a "man with a gun" and guess who is going to have police firearms pointed at them?

    Bear one thing in mind, if you have a real fear of death or bodily injury then you shouldn't be merely "revealing the gun," rather you are preparing it for immediate deployment and use as the situation dictates.
    USAF: Loving Our Obscene Amenities Since 1947

  3. #3
    Member Array jednp's Avatar
    Join Date
    Jun 2006
    Location
    Omaha, Nebraska
    Posts
    164
    I think it will be different in every state. The way I understand Nebraska law, is that brandishing a weaon is allowed ONLY if deadly force is justified already.

    So someone mouthing off to me, just being a jerk... I might be thinking.. this guy might try to attack me.. So I move my coat aside and show my gun. That would be against the law here.

    Same person, yelling at me, being a jerk.. brings out a knife and doesn't say anything to me.. no threats.. but the mere presence of the knife constitutes deadly force in the way that it was brought out. He wasn't bringing it out to cut open a package. He brought it out in a threatening manner. Showing a weapon during a dispute, is considered using lethal force and you can be charged with assault just for that. But if you do it in self defense, ONLY when the use of deadly force would be justified in this situation, you should be better off legally.

    If you feel the need to show it, you damn well better feel the need to actually use that weapon at the very same time as well.. otherwise you'll run into trouble. You can run into trouble either way, but the one way is a safer route to take. Someone says.. well why did you show your weapon? You can say, well I was planning on using it... my life was in danger and I was prepared to draw my weapon and use it to stop the threat.. merely showing my weapon stopped the threat and I didn't even have time to get the weapon out.. the threat had stopped.

  4. #4
    VIP Member
    Array dr_cmg's Avatar
    Join Date
    Feb 2006
    Location
    Alabama
    Posts
    10,808
    Quote Originally Posted by srfl View Post
    No, you are not off base. If you have a fear of death or bodily injury you need to immediately contact LE and report the facts. If not, the BG (or an uninformed, but probably well intentioned witness) will report you as a "man with a gun" and guess who is going to have police firearms pointed at them?

    Bear one thing in mind, if you have a real fear of death or bodily injury then you shouldn't be merely "revealing the gun," rather you are preparing it for immediate deployment and use as the situation dictates.
    Exactly.
    George

    Two things are infinite: the universe and human stupidity; and I'm not sure about the universe. Albert Einstein

  5. #5
    Member Array jednp's Avatar
    Join Date
    Jun 2006
    Location
    Omaha, Nebraska
    Posts
    164
    as for calling 911, I think that just depends on the situation. If you felt that your life was in danger and that is why you showed your weapon, and it did work to stop the threat.. I see no harm in calling the police. I guess it's better that YOU call, than some stranger saying oh my god, this guy was just showing his gun!!! he's dangerous!

    but that's why you just make damn sure that deadly force was justified in the situation, before you call and report that you were threatened by someone and forced to draw your weapon, or start the process of drawing it.. and the threat stopped and you didn't have to take the gun out. But you were in fear for your life.

  6. #6
    Assistant Administrator
    Array P95Carry's Avatar
    Join Date
    Mar 2005
    Location
    South West PA
    Posts
    25,484
    Another nod of aquiescence towards srfl!
    Chris - P95
    NRA Certified Instructor & NRA Life Member.

    "To own a gun and assume that you are armed
    is like owning a piano and assuming that you are a musician!."


    http://www.rkba-2a.com/ - a portal for 2A links, articles and some videos.

  7. #7
    Senior Member Array cagueits's Avatar
    Join Date
    Jun 2006
    Location
    Puerto Rico
    Posts
    911
    Subscribed

  8. #8
    Senior Member Array MR D's Avatar
    Join Date
    Jun 2006
    Location
    South Central PA
    Posts
    864
    and it helps to know the law in your jurisdiction...

    but definitley call the police.

  9. #9
    Senior Moderator
    Array pgrass101's Avatar
    Join Date
    Sep 2006
    Location
    Alabama
    Posts
    13,530
    I agree with the above posts.

    If the situation requires you drawing your weapon than it certainly requires calling 911.

    From both a legal and safety standpoint.
    “You can sway a thousand men by appealing to their prejudices quicker than you can convince one man by logic.”

    ― Robert A. Heinlein,

  10. #10
    VIP Member
    Array Echo_Four's Avatar
    Join Date
    Sep 2006
    Location
    Land of the mostly free
    Posts
    2,838
    I do not understand why this is always framed in such a way as to make it sound as if calling 911 is what you do to keep yourself out of trouble. If you were justified in drawing your weapon, the police should be informed about the situation. The BG in question didn't just do this one thing and will never do anything else wrong. They need to be on the lookout for this person. He could well be an already wanted person, and your information may give them more up to date information about his location and present apperance.

    You call 911 because that is what you do when you're attacked by a stranger. If this isn't the case, nobody should have ever known you had a weapon.
    "The only people I like besides my wife and children are Marines."
    - Lt. Col. Oliver North

  11. #11
    Moderator
    Array Rock and Glock's Avatar
    Join Date
    Nov 2005
    Location
    Colorado at 11,650'
    Posts
    12,769
    Call. They who call first may well get the benefit of the doubt too.

  12. #12
    Distinguished Member Array AnimalKracker's Avatar
    Join Date
    Sep 2005
    Location
    Eastern Arkansas
    Posts
    1,382
    Quote Originally Posted by Echo_Four View Post
    I do not understand why this is always framed in such a way as to make it sound as if calling 911 is what you do to keep yourself out of trouble. If you were justified in drawing your weapon, the police should be informed about the situation. The BG in question didn't just do this one thing and will never do anything else wrong. They need to be on the lookout for this person. He could well be an already wanted person, and your information may give them more up to date information about his location and present apperance.

    You call 911 because that is what you do when you're attacked by a stranger. If this isn't the case, nobody should have ever known you had a weapon.
    A big thumbs up here. I might "be forced to" let someone verbally know I was armed to deescalate a situation, if forced to pull it, it will be with all intention of using it. I'll leave, back away, do some quick talking, just leave me a out. And a lot of B/Gs see this as a sign of weakness. If the B/G is enough threat that you are made to confront him, he's not only a threat to you but others in the area also. Law enforcement should be notified.

  13. #13
    VIP Member Array Blackeagle's Avatar
    Join Date
    Oct 2006
    Location
    Columbia, SC
    Posts
    2,147
    Quote Originally Posted by Echo_Four View Post
    I do not understand why this is always framed in such a way as to make it sound as if calling 911 is what you do to keep yourself out of trouble. If you were justified in drawing your weapon, the police should be informed about the situation. The BG in question didn't just do this one thing and will never do anything else wrong. They need to be on the lookout for this person. He could well be an already wanted person, and your information may give them more up to date information about his location and present apperance.
    I think the reason it gets discussed as a way to CYA rather than catch the BG is that the chances of the police actually arresting anyone as a result of your 911 call are practically nil. The police pretty busy, and a failed mugging isn't going to merit a lot of attention. It's unlikely that there will be any physical evidence or other witnesses. This means that the only info they have to catch this guy is your description, which will probably be too general to be useful unless he's got a really distinguishing feature.

  14. #14
    VIP Member Array ccw9mm's Avatar
    Join Date
    Jul 2006
    Location
    USA
    Posts
    27,478
    Quote Originally Posted by TechGuy View Post
    I’m talking real need to reveal and then end up YOU are the BG.
    Oxymoron. A real need means you are not, by definition, the BG. Now, how someone nearby will take any display of any sort is something else entirely. That, as suggested, might well call down the LEO response onto your head. Doesn't mean you're the BG in any way; just mistaken for it by an overreactive sheep.

    That said, I completely agree that a legitimate fear for one's life needs to be followed up with a full police report ASAP, if for no other reason than to be the first person who contacts LEO's, but to also get the description into the system of the person(s)/vehicle(s) involved.
    Your best weapon is your brain. Don't leave home without it.
    Thoughts: Justifiable self defense (A.O.J.).
    Explain: How does disarming victims reduce the number of victims?
    Reason over Force: The Gun is Civilization (Marko Kloos).
    NRA, SAF, GOA, OFF, ACLDN.

  15. #15
    Ex Member Array one eyed fatman's Avatar
    Join Date
    Jun 2006
    Location
    Texas
    Posts
    500
    Bear one thing in mind, if you have a real fear of death or bodily injury then you shouldn't be merely "revealing the gun," rather you are preparing it for immediate deployment and use as the situation dictates.
    This quote sounds like how the law is written. If this quote would have stopped and a period placed after the word "deployment" it would have made sense. But once you added "and use as the situation dictates" then you open up the quote (law) to interpretation which means your going to need a courtroom and a lawyer.

    My personal opinion is if you can pull your weapon and not shoot anyone to defuse a situation then you should be allowed by law to do so. Make sure you call 911 the minute you reholster your weapon. But the law doesn't give a crap what I think as lawyers can't make any money if the law makes sense.

Page 1 of 2 12 LastLast

Links

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

Similar Threads

  1. Bad: KC police fire at backfiring van
    By Herknav in forum In the News: The Good, the Bad and the Ugly
    Replies: 23
    Last Post: November 16th, 2010, 12:27 PM
  2. Isn't this brandishing?
    By Paymeister in forum Carry & Defensive Scenarios
    Replies: 51
    Last Post: February 13th, 2009, 07:28 PM
  3. Getting Too Good of a Safe, Backfiring.
    By markp in forum Related Gear & Equipment
    Replies: 9
    Last Post: January 20th, 2008, 08:11 PM
  4. Without brandishing ---
    By P95Carry in forum Concealed Carry Issues & Discussions
    Replies: 11
    Last Post: September 8th, 2005, 05:58 PM

Search tags for this page

brandishing a gun in missouri

,
brandishing a weapon
,
brandishing law in nevada
,
colorado brandishing
,
what classifies as brandishing
Click on a term to search for related topics.