Quote:
Originally Posted by FreeDelivery
I should add that although open carry may not be illegal, brandishing is defined as "causing fear" (to summarize) in the eyes of the victim. Thus, anybody carrying openly is subject to crime charges based on simple misunderstanding on a sheep's part.
|
That Johnny's scared isn't sufficient to claim I've committed a crime of any sort.
Many states have a brandishing law. Many don't. Generally, bare fear by someone unprepared to handle social interactions isn't sufficient to claim a crime on the part of someone simply going about his/her daily life.
Oregon, for example, doesn't have a brandishing law. It does have one regarding intimidation, another few for assault, etc.
In most states' laws that I've seen, brandishing
requires intentional intimidation to exist. That someone gets skittish or fearful, or even drops down dead of surprise isn't the issue; your intention to have caused that is. Most places make that distinction, because in reality the person who is simply going about normal life and NOT intending to harm anyone is NOT committing a crime.
Witness the parent in Pennsylvania, awhile back, who openly carries around town, including to her children's soccer games. Some whimpering nellies laid claim of crimes, based on the mere fact they experienced fear and upset ... all of which was malarkey. The parent committed no crime, intentionally intimidated nobody, intentionally created no fear, and simply was going about her business and her life (which included protecting her children in a legal manner).