July 21st, 2008 07:01 PM
Acc. brandishment in an open carry St.?
Has anyone experienced any issues with accidental brandishment involving LEO's? I live in an open carry state of Mass.believe it or not, no one open carries not even in the hills out west. (No tac. advantage w/ OC.) I was wondering if my coat rode up or blew open and I was reported, am I at the mercy of the LEO? DO I have any legal ground? I know this is state by state issue, I guess what I would like to know if you live in an open carry state why is there a concern about acc. brandishment?
July 21st, 2008 07:09 PM
If you know the area, I don't (someone from there will eventually chime in)...sounds, per your words, it is legal, but is it worth the hassle?
CC is so much better all the way around. OMO
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July 21st, 2008 07:14 PM
Open carry in Mass ? Yeah good luck with that one. Let us know after you get out of jail ! It's pretty much brandishing if anyone sees it.
In my way-too-long time in MA I have seen ZERO people open carrying.
July 21st, 2008 07:24 PM
Laws are different everywhere but in texas just the wind exposing your gun is not breaking the law or brandishing in any way shape or form
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July 21st, 2008 08:04 PM
what does MA law say about it?
- know the difference
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July 21st, 2008 08:18 PM
Read up on your state laws, every state is different. In PA brandishing is removing your weapon from the holster. If your state has open carry it really doesn't matter if you shirt or jacket rides up exposing your gun. Recommend you check out Handgunlaw.us
Even though it may be legal to open carry in Mass I wouldn't try it. While MA may have CC they don't like it and if they could get rid of it they would.
Last edited by spooter66; July 21st, 2008 at 08:23 PM.
Reason: edit for content
July 21st, 2008 09:12 PM
There is no law saying you can't open carry in MA. Although the sight of a firearm will send sheeple scurrying for cover. If the ccw permit issuing chief finds out, he can and will revoke said permit using the excuse that you are not responsible enough.
July 21st, 2008 09:27 PM
Agreed unless you *are* the CLEO you'll lose a permit.
I spoke with one of the higher ups in the Maine state police. He agreed that OC is totally legal here. And he also said that if they got a call about someone OCing, that person "would not go unmolested". Those were his exact words, I'll never forget his phrase. "would not go unmolested."
I don't believe MA law has any allowance for "accidental brandishing", it is just plain ol brandishing. I am pretty sure the brandishing law is written such that if so-and-so feels threatened, it's brandishing. The first sheep to see a gun would soil their shorts, and that's worthy of a brandishing charge.
July 21st, 2008 09:35 PM
Arizona is an open carry state. There is no law prohibiting brandishing a firearm. There is a law against aggravated assault. It is worthwhile to understand the difference.
July 21st, 2008 10:13 PM
I have Oced in Springfield, West Springfield, and Westfield, in the past. About 12 or 13 years ago. Someone called the police on me for it, and when they (9 of them) showed up and drew thier guns on me I knew the SJHTF. After talking with them for several minutes about OC being legal the Sgt. told me to cover it up until I got home to avoid any further problems. After that I NEVER OCed in MA again. I also moved 800 miles to a gun "friendly" state and have OCed here with ZERO problems so far.
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July 21st, 2008 10:35 PM
To me... brandishing is showing your gun in an ostentatious and menacing fashion with an air of threat.
To have the wind blow your cover garment away from your holstered weapon is merely referred to as "flashing" you gun.
The difference is in the intent! I would say all "reasonable" LEO's look at it in the same way.
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July 21st, 2008 11:21 PM
In Kansas I believe OC is local option while CC is state wide.
I asked local LEO who is a friend if it is legal here and he said it was, but expect to get have your face introduced to the dirt until you are checked out.
July 21st, 2008 11:37 PM
I agree with the people saying to know your state laws. If there is a state grassroots pro2A org in MA, join it. After a while you will know the details and wording of your not only laws, but relevant court cases as well.
Open carry in Ohio?
See Ohio Revised Code 9.68 and the Ohio Supreme Court cases of Klein v. Leis
As for brandishing, it is only mentioned in the ORC as a qualifier for extra time if commiting a robbery with a gun.
See what I mean?
July 22nd, 2008 02:21 AM
I'm not sure if any other cities are similar to Pittsburgh, PA.
In Pittsburgh (being in PA.) it is technically legal for Open Carry according to State law but, there is a "Catch 22" in that the PGH. Police are required by City law to investigate and respond to all "Person With A Gun" calls.
Soooo...if somebody "drops a dime" on you while you are OCing...you can plan on being detained until the PGH. police sort you out.
That having been said - I honestly don't recall ever seeing anybody carry openly in PGH unless is was in the DownTown area and they were obviously Plain Clothes Dicks.
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July 22nd, 2008 03:28 AM
IMO, there can be no such thing, by definition.
Originally Posted by JAT40
Depends on the laws in your state, though, as to whether someone else's mere ability to see what you've got constitutes "brandishing." But otherwise, brandishing should require the intent to intimidate on your part. If none of that exists, then you are not brandishing.
I live in an OC state. That someone sees my weapon or gear coincidental to the wind blowing, or my bending over incorrectly, or whatever, I am NOT thereby legally defined a criminal because of it. There are NO laws against brandishing in Oregon. While there is intimidation, assault and the like, those require intent and action. Thankfully, visibility of a firearm and gear is taken to be the equivalent of shoelaces or a hat. As it should be, unless/until I do something bad with it.
I was wondering if my coat rode up or blew open and I was reported, am I at the mercy of the LEO? DO I have any legal ground?
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