Define brandishing

This is a discussion on Define brandishing within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; 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 ...

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 4 of 4 FirstFirst 1234
Results 46 to 59 of 59

Thread: Define brandishing

  1. #46
    Member Array Loadedtech's Avatar
    Join Date
    Mar 2009
    Location
    virginia beach
    Posts
    140
    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.
    CHP holder. EDC G27. I support VCDL, so glad to have them fighting for my rights.

  2. Remove Ads

  3. #47
    Member Array LUV45ACP's Avatar
    Join Date
    Mar 2009
    Location
    Central Oklahoma
    Posts
    30
    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?
    To ban guns because criminals use them is to tell the law-abiding that their rights and liberties depend not on their own conduct, but on the conduct of the guilty and the lawless.
    Lysander Spooner (1808 1887)

  4. #48
    Senior Member Array highvoltage's Avatar
    Join Date
    Nov 2008
    Location
    NH
    Posts
    1,121
    Quote Originally Posted by LUV45ACP View Post
    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.

  5. #49
    VIP Member Array Sheldon J's Avatar
    Join Date
    Dec 2004
    Location
    Battle Creek, Mi.
    Posts
    2,285

    Opinions aside...

    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..
    "The sword dose not cause the murder, and the maker of the sword dose not bear sin" Rabbi Solomon ben Isaac 11th century

  6. #50
    Senior Member Array mulle46's Avatar
    Join Date
    Dec 2007
    Location
    NJ
    Posts
    1,164
    Quote Originally Posted by Bender View Post
    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
    You gain strength, courage, and confidence by every experience in which you really stop to look fear in the face. You are able to say to yourself, "I have lived through this horror. I can take the next thing that comes along." . . . You must do the thing you think you cannot do. Eleanor Roosevelt

  7. #51
    Member Array OMEGA2669's Avatar
    Join Date
    Mar 2009
    Location
    Lakewood, Colorado
    Posts
    262
    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.
    AT3 (O-Level) United States Navy - NRA Life Member
    "Molan labe! Just try... I'll show you the strength of my conviction... and I'll sleep well that night..."

  8. #52
    Member Array Amend2's Avatar
    Join Date
    Aug 2006
    Location
    East Providence, RI
    Posts
    135
    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.
    A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed.

  9. #53
    VIP Member Array TedBeau's Avatar
    Join Date
    Sep 2008
    Location
    Bay City
    Posts
    2,269
    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.

  10. #54
    VIP Member Array Thanis's Avatar
    Join Date
    Aug 2008
    Location
    MI
    Posts
    2,347
    Quote Originally Posted by LUV45ACP View Post
    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.
    NRA Member
    S&W 642 (no-lock) with .38 Spl +P 135 GR Gold GDHP
    Glock G31 & G33 with .357 Sig 125 GR. SXT Winchester Ranger

  11. #55
    Member Array Loadedtech's Avatar
    Join Date
    Mar 2009
    Location
    virginia beach
    Posts
    140
    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.
    CHP holder. EDC G27. I support VCDL, so glad to have them fighting for my rights.

  12. #56
    Senior Member Array highvoltage's Avatar
    Join Date
    Nov 2008
    Location
    NH
    Posts
    1,121
    Quote Originally Posted by C Zeller View Post
    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.

  13. #57
    Member Array oldogy's Avatar
    Join Date
    Jan 2009
    Location
    East TN&OH
    Posts
    303
    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

  14. #58
    Distinguished Member Array Stetson's Avatar
    Join Date
    Dec 2004
    Location
    Augusta,Maine
    Posts
    1,555
    All the above and more !

  15. #59
    VIP Member
    Array Saber's Avatar
    Join Date
    Mar 2009
    Location
    Yuma, Arizona
    Posts
    2,592
    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,

Page 4 of 4 FirstFirst 1234

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.