Brandishing VS Poking out a little bit...

This is a discussion on Brandishing VS Poking out a little bit... within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Originally Posted by Cakewalk That is incorrect. This is a quote directly from Gutmacher's book: "I've received quite a few questions on my opinion as ...

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Thread: Brandishing VS Poking out a little bit...

  1. #16
    Senior Member Array CR2008's Avatar
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    Quote Originally Posted by Cakewalk View Post
    That is incorrect. This is a quote directly from Gutmacher's book:

    "I've received quite a few questions on my opinion as to whether momentary or inadvertent disclosure of your legally concealed weapon violates the protections of the permit. I have found no cases on this subject, however, I think common sense, and constitutional Due Process would protect you if a gust of wind or some other inadvertent situation occurred that momentarily disclosed your actual weapon. Even in this circumstance, it is still "partially concealed". Moreover, the mere fact that your firearm may occasionally "print" under your clothing doesn't mean it's not legally concealed. However, I would always do my best to make sure any weapon I carried with my permit was not obious. That's also common sense. Unfortunately, without any case law - it's test case time."

    I have also heard the exact same thing from firearms instructors regarding printing. It is not an issue in Florida.
    IF a CCW could be arrested for his gun badly printing, I would think a corrupt police chief could take a lot of these CCW holders off the street by exaggerating how "badly" the gun was printed.
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  3. #17
    Member Array realitycramp's Avatar
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    Quote Originally Posted by Ram Rod View Post
    Good Lord---we are a nation full of wussies aren't we? Next thing you know the middle finger will be deemed a possible threat with intent. Sometimes it makes me sick, sometimes it makes me sad. Anyone ever carry a water pistol that "prints badly"? I'd like to see the outcome of that when someone calls 911 feeling threatened. Heck---I'm actually tempted to try that. America really has no backbone anymore huh? I'll almost bet my looks are deemed threatening to some individuals---better get me off the streets. Bet my big truck threatens all Volkswagen drivers too.
    Here is one Volkswagen driver who is not threatened by your big truck..But you are right we have become a "cannon fodder" nation. Very frustrating.
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  4. #18
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    Quote Originally Posted by Rustynuts View Post
    Depends on the State. I believe in Florida you can be charge with brandishing even if printing badly and someone feels "threatened" by the outline of your gun.
    I have never heard of this. I'm not a lawyer, but do try to stay up on the subject. Can you cite a reference/precedence???? It absolutely is not spelled out in the statutes.

    If you have a CWP or are planning on getting one I recommend you study the statutes. As usual, the best FL advice is to buy the Gutmacher book.

  5. #19
    Senior Member Array Cthulhu's Avatar
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    Quote Originally Posted by Rustynuts View Post
    Depends on the State. I believe in Florida you can be charge with brandishing even if printing badly and someone feels "threatened" by the outline of your gun.
    I hope an instructor teaching a required course for CCW didn't tell you that and is spreading it around.

    -JT

  6. #20
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    Welcome from Tucson!

    My first day in Tucson nine years ago I saw an old rancher wandering around Fry's with a .44 magnum strapped to his hip open carry. My second day had a load of stuff stolen from our car. Welcome to the wild West, eh? :)
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  7. #21
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    bran·dished, bran·dish·ing, bran·dish·es

    1. To wave or flourish (a weapon, for example) menacingly.
    2. To display ostentatiously. See Synonyms at flourish.


    os·ten·ta·tious

    1. characterized by or given to pretentious or conspicuous show in an attempt to impress others: an ostentatious dresser.
    2. (of actions, manner, qualities exhibited, etc.) intended to attract notice: Lady Bountiful's ostentatious charity.
    "Just blame Sixto"

  8. #22
    Distinguished Member Array SixBravo's Avatar
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    Whoa, guys. Hold up. While yes, AZ is an OC state and worrying about getting charged with brandishing is low, rethink some of what we deal with here.

    Phoenix covers Indian territory in some of its spans and in some areas it is illegal to OC and can be arrested for it. For example, OC'ing at Scottsdale Pavillions is expressly prohibited. Whether or not they would slap you with a brandishing or some kind of charge like that - I have no idea. And, if I recall, Peoria has some rules against carrying but I'm not sure. Maybe that's Glendale. The point is - CHECK YOUR LAWS. You know where you live and travel to. Goto handgunlaw.us and look at the carry restrictions based on Indian land. Call the local PD and ask them, too. It won't take but five minutes and it could save you a lot down the road.
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  9. #23
    Senior Member Array Phillep Harding's Avatar
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    Back before concealed carry for everyone was passed in Alaska, a known "nervous nelly" called in that someone was carrying a handgun. A city cop responded and slammed the person carrying against the wall and gave him all sort of trouble, even after finding out the person carrying had a CCW.

    We get a lot of rookies here, and a lot of them act like they are from San Francisco.

    This sort of thing is probably going to be an ongoing problem in random areas, even in areas with sensible gun laws, so no one should be surprised.

    Rookies. Bleh.

  10. #24
    VIP Member Array miklcolt45's Avatar
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    Quote Originally Posted by Ram Rod View Post
    Good Lord---we are a nation full of wussies aren't we? Next thing you know the middle finger will be deemed a possible threat with intent. Sometimes it makes me sick, sometimes it makes me sad. Anyone ever carry a water pistol that "prints badly"?
    Actually, when I was in the 7th grade, we were planning a water fight near the end of the school year. My 'primary' weapon was being carried Mexican when it began to leak. If caught, bad juju. Think Catholic school and nuns with yardsticks.

    Instead, I was just VERY embarrassed.
    Last edited by miklcolt45; June 9th, 2008 at 07:16 PM. Reason: clarification
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  11. #25
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    wear a little bigger shirt, or different type.

  12. #26
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    Concealed means concealed. Do whatever is necessary to conceal the weapon. That is the whole idea, no one should know that you are carrying.

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