Brandished a weapon - Page 2

Brandished a weapon

This is a discussion on Brandished a weapon within the Open Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Guy drives fast through the neighborhood, thus he is the bad guy (strike one). Neighbors should have called the Police and left it at that, ...

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Thread: Brandished a weapon

  1. #16
    New Member Array 1911Jeeper's Avatar
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    Guy drives fast through the neighborhood, thus he is the bad guy (strike one). Neighbors should have called the Police and left it at that, but they chase him, find him, and confront him (kinda stupid of the neighbors, you never know who has a weapon). Now you have an altercation which is verbal only, until the speedy guy pulls a gun (strike two) and that escalates the situation from an argument, to a possible assault with a deadly weapon. Neighbors called 911 first, they get to be the complainant, and speedy gets to be man with a gun (strike three, you're out).

    Speedys' word against 12 neighbors, Speedy loses.

    If you are legally carrying a weapon, the burden is upon you to be better behaved, both legally, and morally, than your neighbors.
    Last edited by 1911Jeeper; January 3rd, 2012 at 11:48 PM.


  2. #17
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    His reckless driving contributed to the confrontation.IMHO
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  3. #18
    Member Array lordhamster's Avatar
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    I'd be interested in finding out how the speed of 75mph was determined, or if that was just a claim of a neighbor. I doubt the average civilian can accurately judge the speed of a car going down a road. Futhermore, if the guy was really going that fast, how could the "law abiding" neighbors get into their cars, chase him down and catch him all in short order?

    I live in a neighborhood with a 20mph speed limit. I've had a busybody neighbor flag me down and tell me to slow down after I pulled out of my garage, put the car in drive and let the car just"roll in idle down the street without even hitting the accelerator.

    Sometimes people just look at a fast car and assume it is going fast. Either way, the neighbors chased this guy and threatened him with a rock before he either "said" he had a gun or "brandished" said gun. Clearly they are the agressors in this situation. Only the police have the authority to chase someone down and threaten them over a traffic violation.

    There is a phrase that describes pursing and threatening harm to someone due to a perceived traffic violation, its called "road rage." If these "neighbors" had chased the guy down because they felt he cut them off in traffic, would you all be so quick to jump to their aid?

  4. #19
    Member Array Atulip's Avatar
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    Quote Originally Posted by lordhamster View Post
    I'd be interested in finding out how the speed of 75mph was determined, or if that was just a claim of a neighbor. I doubt the average civilian can accurately judge the speed of a car going down a road. Futhermore, if the guy was really going that fast, how could the "law abiding" neighbors get into their cars, chase him down and catch him all in short order?
    this is exactly what I was thinking. I'm against someone flying through a residential neighbor hood but citizens chasing a guy down and subsequently threatening him with rocks? If I were in his situation I more than likely would've done more than "brandishing" my weapon. A brandished weapon becomes the BGs weapon after you take a big rock hit to the head.

  5. #20
    Member Array mook012's Avatar
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    It's always as Paul Harvey used to say - "Now...you know the rest of the story."

  6. #21
    VIP Member Array TN_Mike's Avatar
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    Quote Originally Posted by sames1 View Post
    A local guy was charged for brandishing a weapon when he pulled out a gun, for which he had a permit, to show those with baseball bats threating him that he could respond. How is that possible? I know it depends on the locality, but that seems crazy.
    Update: Instead of baseball bats like I remembered, it turned out to be rocks. He had a child in the car, but he was also being a real jerk and driving 75 on a street with children.
    One of my hard and fast rules for those whop carry: Always follow ALL laws, even the speed limit. Any interaction with law enforcement has the potential to negatively impact your ability to maintain a carry permit.

    This guy should not have been breaking the law by speeding.
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  7. #22
    VIP Member Array mlr1m's Avatar
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    I wonder was this officer under the impression that a firearm must be fired if it is drawn? The old Kansas law used to say this until it was recently changed.

    Michael

  8. #23
    VIP Member Array Eagleks's Avatar
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    Small town and a street speed vigilante here.... always going out and yelling , threatening everyone. One day he "yelled" at me .... and some "threats". I hit my brakes and got out, advised him that I was going 20 mph in a 30 mph zone, and that next time... I would peg 30 if he liked .... but he needed to stop with the threats or the police would be called. He thinks anyone going over 5 mph hour are going much faster.

    He waves at me now. Probably another gesture once I'm past him, but he has quit threatening people.
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  9. #24
    VIP Member Array Smitty901's Avatar
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    We have a couple Chief of police and DA's here that have made it clear if you take your weapon out for any reason even to defend your self they will lock you up and find some charges .
    They made the statement in public and are qouted on the instruction theyhave given officers.

  10. #25
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    Quote Originally Posted by retsupt99 View Post
    His reckless driving contributed to the confrontation.IMHO
    No doubt, but the fact that he was ultimately acquitted of the brandishing charge leads me to think the court saw a true disparity of force situation, whereas the man was outnumbered and facing an angry group of people who possessed rocks which posed, at the minimum, a threat of serious bodily harm.

    Had he known the rules of lethal force intimately, and completely understood the concept of disparity of force, he wouldn't have lied to the police and denied pulling a gun.

    So, now he got convicted of lying to police. But his use of the gun was lawful, and not considered to be brandishing. He should have told the truth and he would have walked on everything except for the driving offense.

    'Super' Dell Schanze acquitted of brandishing gun
    -Bark'n
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    "The gun is the great equalizer... For it is the gun, that allows the meek to repel the monsters; Whom are bigger, stronger and without conscience, prey on those who without one, would surely perish."

  11. #26
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    Anyone in UT knows this "super dell" guy was kinda crazy and I'm pretty sure he is in jail right now. I wouldn't believe him for a second. This would be a case of someone making gun carriers look bad.
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  12. #27
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    TN_Mike is correct. You carry, you obey the law-period/end of story. It is your responsibility to do so and personally, if you do it more than 3 times, you lose your right to carry---period/end of story.
    As far as brandishing is concerned--you brandish and NOW YOU ARE THE IMMINENT THREAT. If you die at the hands of a defender---I guess you learned a valuable and tragic lesson never to do it again--and you won't.

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