BRANDISHING: What a stupid concept.

BRANDISHING: What a stupid concept.

This is a discussion on BRANDISHING: What a stupid concept. within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Like a lot of states, here in the PRC, if you pull your weapon and the perp decides to boogie 'cuz he has a modicum ...

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Thread: BRANDISHING: What a stupid concept.

  1. #1
    Member Array Dusty Miller's Avatar
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    BRANDISHING: What a stupid concept.

    Like a lot of states, here in the PRC, if you pull your weapon and the perp decides to boogie 'cuz he has a modicum of common sense, you are STILL guilty of "brandishing". In other words, if you pull it, you use it!! I'd rather not shoot some individual who has spotted my weapon and decided to back out post haste, but I'll have to just the same or run the risk of being charged with a crime. STUPID!


  2. #2
    Senior Member Array FlyboyLDB's Avatar
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    I would not use it if I did not have to - period. Even if I drew my firearm and the next fraction of a second the situation changed, I reholster and deal with the fallout.

  3. #3
    Senior Member Array rhinokrk's Avatar
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    Quote Originally Posted by Dusty Miller View Post
    Like a lot of states, here in the PRC, if you pull your weapon and the perp decides to boogie 'cuz he has a modicum of common sense, you are STILL guilty of "brandishing". In other words, if you pull it, you use it!! I'd rather not shoot some individual who has spotted my weapon and decided to back out post haste, but I'll have to just the same or run the risk of being charged with a crime. STUPID!
    That's why you call the police anytime you pull your pistol. Are you just coming to realize this?
    Get the U.N. out of the U.S.
    Get the U.S. out of the U.N.

  4. #4
    kaz
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    So they prefer someone get when you're stopping them from committing a crime than stopping the crime without bloodshed? That's rediculous.

  5. #5
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    Brandishing carries less of a punishment than assault w/ weapon or what ever they would charge you with for shooting. Also depending on your state you could face a civil trial as well.
    "In matters of style, swim with the current; in matters of principle, stand like a rock." Thomas Jefferson


    Nemo Me Impune Lacesset

  6. #6
    VIP Member Array matiki's Avatar
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    ETA *original link was cookie based*
    California Laws: Penal Code (pen) Section 417 - Criminal Law Resources

    (snip)
    417. (a) (1) Every person who, except in self-defense, in the
    presence of any other person, draws or exhibits any deadly weapon
    whatsoever, other than a firearm, in a rude, angry, or threatening
    manner, or who in any manner, unlawfully uses a deadly weapon other
    than a firearm in any fight or quarrel is guilty of a misdemeanor,
    punishable by imprisonment in a county jail for not less than 30
    days.
    (2) Every person who, except in self-defense, in the presence of
    any other person, draws or exhibits any firearm, whether loaded or
    unloaded, in a rude, angry, or threatening manner, or who in any
    manner, unlawfully uses a firearm in any fight or quarrel is
    punishable as follows:(snip)

  7. #7
    Member Array packin45's Avatar
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    I think the idea is that you don't display your weapon unless you're in fear for your life or GBH, and have met the other criteria for a justified use of force (unwilling participant, unable to retreat- at least here in MN). If my gun comes out, it's because I have already made the decision to shoot; if the BG runs like hell when he sees it, well, I have already accomplished my goal. I would like to think that I wouldn't be charged with brandishing in that scenario, but I guess anything's possible.
    G17, G26

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  8. #8
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    if your going to carry, its a good idea to understand what you can and cant do... its as simple as that people...
    "Just blame Sixto"

  9. #9
    VIP Member Array Janq's Avatar
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    Bingo. ^^

    - Janq
    "Killers who are not deterred by laws against murder are not going to be deterred by laws against guns. " - Robert A. Levy

    "A license to carry a concealed weapon does not make you a free-lance policeman." - Florida Div. of Licensing

  10. #10
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    I do believe matiki got it right.

    The operative words are Every person who, except in self-defense.

    You have to know your state's laws.

    No excuse not to.


    When you’re wounded and left on Afghanistan’s plains,
    And the women come out to cut up what remains,
    Just roll to your rifle and blow out your brains,
    And go to your God like a soldier.

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    Terry

  11. #11
    Member Array sasomers's Avatar
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    Here in Alaska, if I draw my weapon and point it at someone for any reason, it is considered Deadly Force and is treated as such by the authorities.

  12. #12
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    If my weapon is out of its holster, well at that point brandishing is my least concern.


    Z
    An ounce of lead is worth 200lbs of cop.

  13. #13
    Ron
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    If you meet the legal standard for the actual use of deadly force, ie, in fear for your life, or some variation, depending upon your state, then you are not "brandishing." If, for exaple, I have a home invasion, am in fear of my life(actually under the "Castle Doctrine" there is a presumption that I am)draw my gun and the home invader decides the wiser choice is to flee, I can not be correctly charged with brandishing. Sometimes, the law is absurd, but not in this instance.

    Ron
    "It does not do to leave a dragon out of your calculations, if you live near him."

    J. R. R. Tolkien

  14. #14
    VIP Member Array David in FL's Avatar
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    Wow. Never heard of such a thing.

    Brandishing is defined very differently, and specifically in FL.

    Like they say......if you're gonna play the game, you've got to know the rules.

  15. #15
    Member Array Puppy's Avatar
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    Quote Originally Posted by matiki View Post
    Rude? RUDE?


    What the hell is "rude"? Maybe having a really ugly gun?

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here in alaska, if i draw my weapon and point it at someone for any reason, it is considered deadly force and is treated
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