Define brandishing - Page 2

Define brandishing

This is a discussion on Define brandishing within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Originally Posted by Ivan4x4 in texas it's all of the above I think here in Texas the prohibition is against intentional display. Putting your hand ...

View Poll Results: Define brandishing

Voters
261. You may not vote on this poll
  • Pulling back clothing to reveal weapon

    101 38.70%
  • Putting hand on weapon but not drawing

    33 12.64%
  • Drawing weapon, racking slide to load, return to holster

    46 17.62%
  • Waving in the air, or pointing at someone

    174 66.67%
Multiple Choice Poll.
Page 2 of 4 FirstFirst 1234 LastLast
Results 16 to 30 of 59

Thread: Define brandishing

  1. #16
    VIP Member
    Array Hopyard's Avatar
    Join Date
    Jun 2006
    Location
    Disappeared
    Posts
    11,720

    Intentional display

    Quote Originally Posted by Ivan4x4 View Post
    in texas it's all of the above
    I think here in Texas the prohibition is against intentional display.

    Putting your hand in your pocket without displaying or stating that you have a weapon in there, and without menacing or threatening, isn't brandishing or intentional display.

    A shirt pulled back to reveal an IWB could be an unintentional or an intentional display.

    In any case, best and safest course is to not display under any circumstance where lethal force is not required.


  2. #17
    VIP Member Array matiki's Avatar
    Join Date
    Dec 2007
    Location
    N.W.
    Posts
    2,917
    It completely depends on the circumstances, as has been pointed out by others.

    The law may make it brandishing even if there is no nefarious intent.

    Absent the law, your intent, mannerisms/behavior and language could make any of those circumstances brandishing.
    "Wise people learn when they can; fools learn when they must." - The Duke of Wellington

  3. #18
    JD
    JD is online now
    Administrator
    Array JD's Avatar
    Join Date
    Jun 2006
    Location
    Central Iowa
    Posts
    19,293
    Quote Originally Posted by highvoltage View Post
    I've been reading a lot of posts lately about brandishing. Seems like the opinions range widely. Some of the above are taken from posts on this forum.
    Check out my blog...

    A few notes on "Brandishing" (Revised 1-19-2009)

    A few notes on "Brandishing" Part 2




    >>>

  4. #19
    Senior Member Array boscobeans's Avatar
    Join Date
    Jul 2008
    Location
    upstate new york
    Posts
    1,177
    Making it known to another party that you have a weapon in any manner, except while acting in a legal self defense situation where you are in fear of bodily harm or death or if informing a law officer where required.

    My two cents.
    bosco

  5. #20
    Member Array Flippinstk's Avatar
    Join Date
    Jan 2007
    Location
    Virginia Beach, Va
    Posts
    251
    +1 to "ALL OF THE ABOVE"
    And I really cant believe that anyone hasn't commented on choice #3 so I will.
    Why carry it if you dont have a round in the chamber?
    Cocked and Locked, Condition 1 always!
    Alex G.
    S&W M&P .45
    Virginia Beach, Va.
    Senior Chief Petty Officer, RETIRED, USN
    Certified NRA Pistol Instructor
    NRA Range Officer

  6. #21
    Senior Member Array mzmtg's Avatar
    Join Date
    Aug 2005
    Location
    Acworth, GA
    Posts
    502
    There is no law against "brandishing" or anything like it in GA. The word doesn't appear anywhere in the state code.

    Quote Originally Posted by Flippinstk View Post
    +1 to "ALL OF THE ABOVE"
    And I really cant believe that anyone hasn't commented on choice #3 so I will.
    Why carry it if you dont have a round in the chamber?
    Cocked and Locked, Condition 1 always!
    Exactly, why would I discard a round of expensive carry ammo by racking the slide?

  7. #22
    VIP Member Array matiki's Avatar
    Join Date
    Dec 2007
    Location
    N.W.
    Posts
    2,917
    Quote Originally Posted by mzmtg View Post
    There is no law against "brandishing" or anything like it in GA. The word doesn't appear anywhere in the state code.
    ....
    Same with WA. I don't see how it's relevant though. Brandishing in GA or WA is still illegal, they just call it assault in GA and unlawful carrying or handling of a weapon in WA. A purely pedantic argument.
    "Wise people learn when they can; fools learn when they must." - The Duke of Wellington

  8. #23
    VIP Member
    Array sigmanluke's Avatar
    Join Date
    Feb 2009
    Location
    Utah
    Posts
    3,209
    As others here have allready stated, it depends on the situation.
    "The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants."
    Thomas Jefferson

  9. #24
    Senior Member Array mzmtg's Avatar
    Join Date
    Aug 2005
    Location
    Acworth, GA
    Posts
    502
    Quote Originally Posted by matiki View Post
    A purely pedantic argument.
    Exactly.

  10. #25
    Member Array user's Avatar
    Join Date
    Jun 2008
    Location
    Northern Piedmont of Va. & Middle of Nowhere, W.Va.
    Posts
    386
    None of the above. Not one of the factual scenarios included the element of intentional intimidation such "... as to reasonably induce fear in the mind of another ..." (Virginia Code 18.2-282).
    Daniel L. Hawes - 540 347 2430 - HTTP://www.VirginiaLegalDefense.com

    Nothing I say as "user" should be taken as either advertising for attorney services or legal advice. Legal questions should be presented to a competent attorney licensed to practice in the relevant state.

  11. #26
    Senior Member
    Array gimpy's Avatar
    Join Date
    Sep 2006
    Location
    Florida
    Posts
    1,023
    Practically speaking, brandishing means whatever an arresting police officer, and/or subsequently a judge determines it to be. Accidentally revealing a concealed firearm can be interpreted in any number of ways depending upon a person's frame of mind at the time of them seeing the firearm. The best advice when carrying a concealed weapon is to ensure the weapon is truly concealed at all times unless the situation calls for an immediate self defense response.
    "Society never advances. It recedes as fast on one side as it gains on the other. It undergoes continual change; but this change is not [an improvement]. For everything that is given, something is taken."
    Ralph Waldo Emerson

  12. #27
    Distinguished Member Array nutz4utwo's Avatar
    Join Date
    Nov 2007
    Location
    yes
    Posts
    1,644
    Had to vote for all of them. For Washington State:

    RCW 9.41.270: Weapons apparently capable of producing bodily harm ? Unlawful carrying or handling ? Penalty ? Exceptions.

    RCW 9.41.270

    (1) It shall be unlawful for any person to carry, exhibit, display, or draw any firearm, dagger, sword, knife or other cutting or stabbing instrument, club, or any other weapon apparently capable of producing bodily harm, in a manner, under circumstances, and at a time and place that either manifests an intent to intimidate another or that warrants alarm for the safety of other persons.

  13. #28
    New Member Array robertm1771's Avatar
    Join Date
    Feb 2009
    Location
    Ohio
    Posts
    13
    Define and what you might get in trouble for are not the same thing.

  14. #29
    VIP Member Array JoJoGunn's Avatar
    Join Date
    Mar 2009
    Location
    West Virginia
    Posts
    2,939
    Here's what WV statute says.

    61-7-11. Brandishing deadly weapons; threatening or causing breach of the peace; criminal penalties. It shall be unlawful for any person armed with a firearm or other deadly weapon, whether licensed to carry the same or not, to carry, brandish or use such weapon in a way or manner to cause, or threaten, a breach of the peace. Any person violating this section shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than fifty nor more than one thousand dollars, or shall be confined in the county jail not less than ninety days nor more than one year, or both.
    "A Smith & Wesson always beats 4 aces!"

    The Man Prayer. "Im a man, I can change, if I have to.....I guess!" ~ Red Green

  15. #30
    PM
    PM is offline
    Senior Member Array PM's Avatar
    Join Date
    Dec 2006
    Location
    Kansas
    Posts
    667
    As has already ben said all of the above and none of the above. Brandishing is doing the above with the intent to intimidate a person or persons.

    If my intent is to show my friend in my new weapon and there is no one around and I pull back my cover garment then it is not brandishing. Most of the rest I do not see why one would do in public unless there was a need to intimidate another --- now is the other a BG? I would still say doing the action was brandishing but I would also excuse the action. That would be the first two showing and drawing the handgun. Why you would draw rack the slide and return to the holster is beyond me and why you would draw and wave it around is also beyond me. Now the last half of the last question about pointing it at some one again that is brandishing but if I feel you are a threat then I will draw and it will be pointed at you.

Page 2 of 4 FirstFirst 1234 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. Define concealed carry?
    By jsunsr in forum Concealed Carry Issues & Discussions
    Replies: 38
    Last Post: January 3rd, 2010, 10:15 AM
  2. Would someone please define for me what an illegal gun is
    By ExactlyMyPoint in forum General Firearm Discussion
    Replies: 20
    Last Post: May 24th, 2009, 11:02 PM
  3. Define BBQ Gun
    By CCRIDER in forum General Firearm Discussion
    Replies: 10
    Last Post: February 21st, 2009, 02:00 PM
  4. Define A Bar In Florida
    By puncho in forum Concealed Carry Issues & Discussions
    Replies: 15
    Last Post: February 12th, 2009, 03:32 PM
  5. Define Competent
    By Blackhawk6 in forum Defensive Carry & Tactical Training
    Replies: 7
    Last Post: August 25th, 2006, 02:22 PM

Search tags for this page

banishing a firearm
,

brandishing a firearm in georgia

,
brandishing a weapon georgia
,
brandishing a weapon in georgia
,
brandishing a weapon in wv
,
define brandishing
,
definition of brandishing a weapon
,
georgia brandishing
,
georgia brandishing a firearm
,

georgia brandishing law

,
rcw brandishing
,
wv brandishing law
Click on a term to search for related topics.