Brandishing VS Poking out a little bit...

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; Hey everyone first time poster from AZ. Had a quick question though, I carry an XD40sc concealed on my right hip inside the pants secured ...

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

  1. #1
    New Member Array Stainless XD's Avatar
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    Brandishing VS Poking out a little bit...

    Hey everyone first time poster from AZ. Had a quick question though, I carry an XD40sc concealed on my right hip inside the pants secured by a ClipDraw (Which is an awesome product by the way). The only catch is, I’m a skinny guy. The gun conceals very nicely but I have a pierce grip extension on my primary mag and sometimes it finds its way poking out from under my shirt. I’m not in the least concerned about “Being made” or anything, I just want to make sure that this won’t be considered “Brandishing”. I have a CCW as well as live in an open carry state, so I don’t see any obvious issues but I’d always rather ask then assume. Any input would be greatly appreciated!


    AJ from AZ


  2. #2
    VIP Member Array MNBurl's Avatar
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    You are in AZ so you can open carry (just like MN) so no worry there.

    Brandishing is taking your gun out and waving it around. Some states like mine do not have "brandishing" laws so no problem.
    MNBurl

    "If everyone is thinking alike, then somebody isn't thinking" - George S. Patton.

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    Ex Member Array Ram Rod's Avatar
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    Welcome to the forum!
    An accidental exposure of part or all of your pistol wouldn't be considered brandishing. Accidents can happen. If you were to expose your pistol with something in mind, then that would be brandishing. Do your best to conceal and know what works best as well as what activities or actions might compromise your stealth. Good luck.

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    Senior Member Array Rustynuts's Avatar
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    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.

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    Ex Member Array Ram Rod'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.
    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.

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    VIP Member Array dukalmighty's Avatar
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    Here in Texas printing isn't brandishing and as long as you attempt to conceal if the wind is blowing 40 mph and is pushing your shirt against your body outlining you're gun you aren't failing to conceal,clipdraws might be cheap fast ways to hold you're gun IWB but leave the trigger exposed ,and also allow you're gun to sit against you're skin which in the hot summer will sweat,I actually had a gun start rusting from this,and had to strip and reblue it,I now use a holster with a shield that keeps the guns metal surface away from my skin
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    Ex Member Array surprise'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.
    This is completely incorrect.

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    New Member Array Stainless XD's Avatar
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    Quote Originally Posted by dukalmighty View Post
    Here in Texas printing isn't brandishing and as long as you attempt to conceal if the wind is blowing 40 mph and is pushing your shirt against your body outlining you're gun you aren't failing to conceal,clipdraws might be cheap fast ways to hold you're gun IWB but leave the trigger exposed ,and also allow you're gun to sit against you're skin which in the hot summer will sweat,I actually had a gun start rusting from this,and had to strip and reblue it,I now use a holster with a shield that keeps the guns metal surface away from my skin


    Thanks for the input but like I mentiond I have an XD. Which I know is possible to have a ND but highly unlikley. Also, all my XD's are stainless so rusting isn't really an issue either.

  9. #9
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    Quote Originally Posted by Rustynuts View Post
    Depends on the State.
    +1

    VA is also an Open Carry State.

    Anyone can feel "threaten" by the sight of my holstered weapon all they want. That's their problem, not a legal problem for me. Unless I am being aggressive or otherwise threatening in my demeanor, or behavior (which is another issue).

    Once it is pulled things might get a tad harry, but even then not necessarily a violation, unless there is something threatening about the situation -- as long as reason prevails. For example, I remove my weapon from the holster and lock it in the trunk of the car, say in preparation to go into a "posted hospital." Some panics and calls LE. Had I been OC, the LEO would wish me a nice day. Had I been CC, (s)he would likely check to be sure I had CHP, then wish me a nice day.

    The operative word is "reasonably." The jury decides if they as reasonable men & women would be in fear of being shot or injured. Now, what seems reasonable down here in Appalachia might not be seen that way in NOVA -- a.k.a West Washington DC.

    § 18.2-282. Pointing, holding, or brandishing firearm, air or gas operated weapon or object similar in appearance; penalty.

    A. It shall be unlawful for any person to point, hold or brandish any firearm or any air or gas operated weapon or any object similar in appearance, whether capable of being fired or not, in such manner as to reasonably induce fear in the mind of another or hold a firearm or any air or gas operated weapon in a public place in such a manner as to reasonably induce fear in the mind of another of being shot or injured. However, this section shall not apply to any person engaged in excusable or justifiable self-defense. Persons violating the provisions of this section shall be guilty of a Class 1 misdemeanor or, if the violation occurs upon any public, private or religious elementary, middle or high school, including buildings and grounds or upon public property within 1,000 feet of such school property, he shall be guilty of a Class 6 felony.

    B. Any police officer in the performance of his duty, in making an arrest under the provisions of this section, shall not be civilly liable in damages for injuries or death resulting to the person being arrested if he had reason to believe that the person being arrested was pointing, holding, or brandishing such firearm or air or gas operated weapon, or object that was similar in appearance, with intent to induce fear in the mind of another.

    C. For purposes of this section, the word "firearm" means any weapon that will or is designed to or may readily be converted to expel single or multiple projectiles by the action of an explosion of a combustible material. The word "ammunition," as used herein, shall mean a cartridge, pellet, ball, missile or projectile adapted for use in a firearm.
    BTW -- forgot

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    Distinguished Member Array T Bone's Avatar
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    Welcome from Michigan!

    Might consider a primary mag without t he extension? If it conceals a lot better, maybe worth it? Can't see how it could be construed brandishing though, but that would be an individual State law definition.
    Regards, T Bone.


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    VIP Member Array AZ Husker's Avatar
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    Welcome neighbor! With our open carry, it doesn't matter if it shows or not. You can take your shirt off if you want.
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  12. #12
    Member Array Erik's Avatar
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    Another guy chiming in that open carry, priting, and accidental exposure aren't the same as brandishing.

    Referencing your openly carried pistol, causing an obvious print for the purpose of refrencing your concealed carried pistol, intentionally exposing your pistol, pulling your pistol to threaten, and pointing it to threaten are instances of brandishing.

    Check your local laws as already mentioned.

    Note: It comes down to the judgement call of the responding officers in many instances; or the prosecutor, judge, and jury depending on how far things go. Be able to articulate what you did and didn't do, and why.
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  13. #13
    Senior Member Array jframe38's Avatar
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    Quote Originally Posted by Ram Rod View Post
    I'll almost bet my looks are deemed threatening to some individuals---better get me off the streets. "
    If you look like your avatar then I'd agree with you!
    Last edited by Captain Crunch; June 9th, 2008 at 01:41 AM. Reason: Fixed quote tags.

  14. #14
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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.
    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.
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    Senior Member Array CR2008's Avatar
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    The only reason I make sure I cover up properly is because I don't want to scare the they may call the cops... I could very well even open carry here too (Georgia law allows it) but this place is so intolerant of firearms than the police will give me a hard time.

    Frequently, before I leave concealed I always check myself in the mirror to see if it's printing... the only time I can tell if anything where there is if the wind were to blow towards me, the handle prints easer in the cross draw I noticed.
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