Define brandishing

[Loadedtech]

IMO most of brandishing is in the intent to intimadate, even a simple tap on the back belt line, with the intimadation look could be brandishment.

[DefensiveCarry.com]

[LUV45ACP]

As a former LEO I can say all of the above in Oklahoma. My question is this: Why would you carry a gun with an unloaded chamber?

[highvoltage]

As a former LEO I can say all of the above in Oklahoma. My question is this: Why would you carry a gun with an unloaded chamber?

I don't, I took that from another post where the original poster mentioned taking his gun out of the holster, racking the slide while the gun was pointed at the ground, and returning the gun to his holster. He commented that he did this to alert the BG that he was carrying. But he wanted to know if that constituted brandishing.

[Sheldon J]

In Michigan it is defined as any act where you show your weapon in order to persuade or intimidate in an unlawful manner and it can be as simple as brushing your cover garment aside.

Exposing your firearm to stop a crime or attempted crime, is not.

However should you accidentally expose your firearm in a non threatening manner such as reaching for your wallet to pay for something that is not classified as brandishing..

[mulle46]

You should check with your state laws.... All of the above could be considered brandishing in Virgina.

From what I have learned on this site, I dont think that all of the poll
choices would or could be considered brandishing. What about the VA tuck when one goes into a bar environment. That would be pulling the clothing back to reveal the firearm. OMO.And like others have said, I will never have to rack my slide to have a weapon that is ready to fire, so choice 3 of the poll is out for me, unless I plan on putting an unfired round on the ground. YMMV

[OMEGA2669]

Well in my opinion "Pulling back clothing to reveal weapon " is revealing it not brandishing.

However if one were to show it while in an argument or were to say "hey look at this gun I could shoot you with" while showing it then I would consider it brandishing as it fits with the dictionary definition.

Brandish - 1. To wave or flourish (a weapon, for example) menacingly.
2. To display ostentatiously.

"Putting hand on weapon but not drawing" shows intent to draw it, but is not brandishing, unless you do it in a menacing manner as stated above.

"Drawing weapon, racking slide to load, return to holster" would be making ready, but not brandishing. Unless of course it was a situation similar as stated above.

"Waving in the air, or pointing at someone" now this one is what I would consider brandishing and most closely fits the dictionary definition of brandishing.

Brandish - 1. To wave or flourish (a weapon, for example) menacingly.
2. To display ostentatiously.

But just because the correct usage of the word means to wave it about like a crazy person in a menacing manner doesn't mean that it is what the law considers brandishing. So you would have to check with your local law enforcement agency.

[Amend2]

I agree with those who say "all of the above." Any time you unconceal a weapon, with the intent to influence the behavior of someone else, that could be construed as brandishing.

[TedBeau]

I voted for number two, since we can open carry in Michigan. However I do agree that even showing your gun in the course of an aurgument could still be considered brandishing since it is done to intimidate.

[Thanis]

As a former LEO I can say all of the above in Oklahoma. My question is this: Why would you carry a gun with an unloaded chamber?

Safety. For example, I take the round out of the barrel when I get home. Same way I keep my shotgun.

When I CC outside, I rack the slide. However, to each their own. It has been shown, with practice, it does not take long to load. I think in a SD situation, I don't need an extra step.

But the answer to your question is easy to answer.

[Loadedtech]

I had gotten into a verbal fight with my neighbor, that stemmed from his daughter speeding in the cull-de sac, constantly. When the daughter (of legal age mind you) told her daddy, I yelled at her to slow down, we had words. Something along the line of be a man and talk to him. I told him OK lets talk about how fast his daughter drives through here. He told me to f-off. I told him to man up and talk, he then tapped his back with that look on his face like dont f with me. I consider that brandishing.

[highvoltage]

Uncovering your weapon for purposes of intimidation.

That is what I believe consists of brandishing in Michigan. Correct me if I am wrong.......

As requested:

BRANDISHING Opinion No. 7101 February 6, 2002: …In the absence of any reported Michigan appellate court decisions defining "brandishing," it is appropriate to rely upon dictionary definitions…..the term brandishing is defined as: "1. To wave or flourish menacingly, as a weapon. 2. To display ostentatiously. A menacing or defiant wave or flourish." This definition comports with the meaning ascribed to this term by courts of other jurisdictions…the court recognized that in federal sentencing guidelines, "brandishing" a weapon is defined to mean "that the weapon was pointed or waved about, or displayed in a threatening manner." Applying these definitions to your question, it is clear that a reserve police officer, regardless whether he or she qualifies as a "peace officer," when carrying a handgun in a holster in plain view, is not waving or displaying the firearm in a threatening manner. Thus, such conduct does not constitute brandishing a firearm in violation of section 234e of the Michigan Penal Code. It is my opinion, therefore, that…by carrying a handgun in a holster that is in plain view, does not violate section 234e of the Michigan Penal Code, which prohibits brandishing a firearm in public.

[oldogy]

When you read and understand the acceptable definitions, common sense would dictate intent[B should be a major factor in determining if one had, in fact brandished a firearm. Common sense would say that an unintentional uncovering of a side arm should not be considered brandishing. But laws are not always logical or based on common sense.

oldogy

[Stetson]

All the above and more !

[Saber]

As subjective as your question is, so are the responses you’re likely to receive. The act of banishing is a physical act combined with intent. Various jurisdictions may well have their own particular statute for this definition. Based on this, I selected the fourth option. "Waving in the air..."
Regards,