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Discussion Starter · #1 · (Edited)
Hello everyone!

Tonight at a gas station (after practicing at the gun range) I noticed my handgun had fallen onto the ground out of its case. I guess the case wasn't secured tight enough and the gun slipped out somehow. Anyways, there were a few people gassing up and what I basically did was pick up my handgun off the floor of the car, put it back in the case and secured it. I was told by a woman next to me that I was brandishing a weapon and she was going to report me for doing so. I apologized and told her that my gun just simply fell out of its case. After a few minutes I drove home, looked up Wisconsin's laws on brandishing weapons and found out there weren't any specific laws regarding this. Could anyone clarify for me? Not sure what I did there was legal or not. I should've waited until I got home to pick up the handgun, foolish me.

Thanks!
 

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Hello everyone!

Tonight at a gas station (after practicing at the gun range) I noticed my handgun had fallen onto the ground out of its case. I guess the case wasn't secured tight enough and the gun slipped out somehow. Anyways, there were a few people gassing up and what I basically did was pick up my handgun off the floor of the car, put it back in the case and secured it. I was told by a woman next to me that I was brandishing a weapon and she was going to report me for doing so. I apologized and told her that my gun just simply fell out of its case. After a few minutes I drove home, looked up Wisconsin's laws on brandishing weapons and found out there weren't any specific laws regarding this. Could anyone clarify for me? Not sure what I did there was legal or not. I should've waited until I got home to pick up the handgun, foolish me.

Thanks!
Interesting first post, for sure. If your gun fell to the ground, how could you wait until you got home to retrieve it?
 

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Brandishing would require some sort of threat when open carry is legal wouldn't it.
Now if you would have added, want to hold this nozzle while holding your gunS, that would have been brandishing and funny.

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Brandishing would require some sort of threat when open carry is legal wouldn't it.
Now if you would have added, want to hold this nozzle while holding your gunS, that would have been brandishing and funny.

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Yes...and lol YES.
 

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It would seem to me that since open carry is legal in WI and you were not waving the pistol around and acting like you were going to use it, you broke no law. WI doesn't specifically have a brandishing law.

Your car is considered your domain, the same as inside your house so putting your gun back in its case inside your car would not be breaking the law even if a bystander was watching.

This that might be of some interest: Carrying a Weapon in Public in Wisconsin
 

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I would find out who she is and have my attorney send her a certified letter to warn her against making any false legal claims against me. If she did make a report then I would file a defamation suit and ask for several million dollars in damages. Let her defend a serious lawsuit with her own money. This is what liberals who want to simply "prosecute" law abiding gun owners need.

If you dropped a bottle of Jim Beam out of a shopping bag would the idiot want to charge you with drunk & disorderly?
 
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You should have told her you were not brandishing and that she should call. In fact you should have offered to make the call for her. Most of those loud mouths have no idea what they are squawking about. I have run across a few that felt simple open carrying in a holster was brandishing. You should have seen their faces when the cops set them straight.
 

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I think, though I can't say for certain, since it was in your car, it fell out of the case and you were putting it back, it wasn't brandishing. The cop would have probably told the woman, "have a nice day" and shook his head while walking back to his cruiser.

You should have challenged her to call the cops.
 

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I don't think you have broken any law. I've done some little research, don't see any brandishing laws, just discharge laws(941.20 and 941.26).
All I know is that you can't use lasers (941.299)and firearm replicas on others which cause fear or threat (921.2965).
 

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In OR, it's considered brandishing if you show someone the firearm in order to intimidate/threaten them. Like that cliched movie/tv scene where the bad guy opens his jacket to reveal his piece. That also includes pulling your firearm but not actually pointing it. Like if we were arguing and you draw your pistol but keep it at your side pointing at the ground. What you did was nothing like that. Some people believe the laws are to keep them from ever seeing a firearm. She sounds like one of those people.
 

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If you dropped a bottle of Jim Beam out of a shopping bag would the idiot want to charge you with drunk & disorderly?
No, but I would shoot you for wanton waste.
 

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Did the police show up to arrest you yet? If not I would let it go and be more careful. Was there a possibility that you might have aimed the gun in her direction when she saw it. If so she might have something to complain about. I think you did the right thing by apologizing and explaining to her what happened and call it a day. If the police contact you tell them to talk to your lawyer and you will be surprised at how many times they really don't want to talk to you anymore. Don't get into a ball kicking contest unless there is something really worth getting kicked over.
 

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Standard fat mouth trouble making Witch who doesn't know what she is talking about.
 
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