This is a discussion on Exposing fire while cc? within the Open Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; *firearm in title. I live in Pennsylvania. I, for the life of me, can't get a straight answer. If I am cc'ing and expose my ...
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*firearm in title.
I live in Pennsylvania. I, for the life of me, can't get a straight answer. If I am cc'ing and expose my firearm, is that brandishing? Same thing for printing. If someone yells gun if they see mine somehow, am I legally accountable? The local police won't give me a straight answer. I would like to point out that my neck of the woods does seem rather gun friendly.
Bob
Too many toys to list...wife might see it. 😁
Brandishing usually involves a threatening action, such as pointing a firearm. Mere exposure is not threatening. But some state, some cops, some prosecutors may see it differently. Ask a PA criminal lawyer for his opinion.
[I have not found LEOs to be a reliable souce of legal information.]
Retired USAF E-8. Avatar is OldVet from days long gone - 1978. Oh, to be young again...
Paranoia strikes deep, into your heart it will creep. It starts when you're always afraid... "For What It's Worth" Buffalo Springfield
Brandishing
1. To wave or flourish (a weapon) menacingly.
2. To display ostentatiously.
(Flourish = To wield, wave, or exhibit dramatically)
By the definition your will be fine.
ALWAYS CARRY - NEVER TELL
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Here in PA open carry is legal, concealed is legal with a permit. My interpretation is that if you accidentally expose it you are fine. Just cover it back up and go about your business. If someone is gonna make a scene, let them. If the police come I'm sure it will be sorted out
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Same in Massachusetts (believe it or not). Open carry is legal so just tuck your shirt in and carry on. I will say that because CCW permits are issued at the discretion of the local police chief, I've heard that if you open carry in the issuing town/city, the chief could designate that as "irresponsible" and revoke the license, though I've not heard of that happening first hand.Originally Posted by Crestwood1001
“The beauty of the Second Amendment is that it will not be needed until they try to take it.” -- Thomas Jefferson
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In any state which allows open carry it would not be considered brandishing if you print or your sidearm is accidentally exposed (obviously that is assuming that you are legally carrying in the first place).
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Sadly, there is little black letter law to decide which way it could go.
Judges may and often do present findings based on their emotion or current political atmosphere.
The person charged will be looked at hard.
It's not what you say or do in court...it is what you can prove.
"When those who are governed do too little, those who govern can, and will, do too much." Ronald Reagan
Do what you can; then do what you must
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