Somebody settle this one please. In TN, does removing a handgun from your holster, lowering your arm to your side and keeping the muzzle pointed down, considered assault or aggravated assault? It's my opinion that it is aggravated assault, a friend says "Nope, not until you point the weapon." Who's right? Thanx in advance.
39-13-102. Aggravated assault.
(a) A person commits aggravated assault who:
(1) Intentionally or knowingly commits an assault as defined in § 39-13-101 and:
(B) Uses or displays a deadly weapon
39-13-101. Assault.
(a) A person commits assault who:
(2) Intentionally or knowingly causes another to reasonably fear imminent bodily injury
I'd be more in the belief that, that would constitute aggrevated menacing or terroristic threatening, since your comment did not mention a assault actually happened.
As a firearms instucter for handgun and long guns and personal protection. The law i, if you look at someone and put your hand on your gun, or pull it from the holster, that's called brandising a firearm. I teach , never to draw your gun unless you intend to use it. If you have some thugs eyeing you keep your hand off that side arm, unless they start to
confront you and the hair stand up behind your neck, then be ready to draw and fire if your in danger and if they have a weapon.
I am not going to do searches like YOU do, but here in FLA, and in some other places like NY or NJ displaying your weapon as a form of intimidation could earn brandishing charge. until recent changes in the laws here in FLA mere display of the weapon could have generated chargesDo you have a citation for this "brandishing" law?
Such blanket statements can come back to haunt those who made them. I can easily imagine a case coming to court where the opposing attorney tells the jury that 'you' deliberately killed someone who was no longer a threat, merely because you had determined that you would shoot if you had to 'clear leather'.my rule of thumb is to never ever remove my weapon from it's holster unless I am in imminent danger, if it clears leather it is being fired. anyone who uses his weapon as a tool of intimidation is a jackass
my rule of thumb is to never ever remove my weapon from it's holster unless I am in imminent danger, if it clears leather it is being fired. anyone who uses his weapon as a tool of intimidation is a jackass
I'd be more in the belief that, that would constitute aggrevated menacing or terroristic threatening, since your comment did not mention a assault actually happened.
As a firearms instucter for handgun and long guns and personal protection. The law i, if you look at someone and put your hand on your gun, or pull it from the holster, that's called brandising a firearm. I teach , never to draw your gun unless you intend to use it. If you have some thugs eyeing you keep your hand off that side arm, unless they start to
confront you and the hair stand up behind your neck, then be ready to draw and fire if your in danger and if they have a weapon.
I am not going to do searches like YOU do, but here in FLA, and in some other places like NY or NJ displaying your weapon as a form of intimidation could earn brandishing charge. until recent changes in the laws here in FLA mere display of the weapon could have generated charges
Such blanket statements can come back to haunt those who made them. I can easily imagine a case coming to court where the opposing attorney tells the jury that 'you' deliberately killed someone who was no longer a threat, merely because you had determined that you would shoot if you had to 'clear leather'.
exactly what is unsubstantiated? that in FLA until recently mere accidental exposure more than likely could get a concealed carrier a brandishing charge? or that in NY if you pull your weapon you WILL be charged with menacing? I think maybe it is time you chilled out and stopped pretending to know allLots of unsubstantiated opinions about states' laws that the OP didn't even ask about....
As a firearms instucter for handgun and long guns and personal protection. The law i, if you look at someone and put your hand on your gun, or pull it from the holster, that's called brandising a firearm. I teach , never to draw your gun unless you intend to use it. If you have some thugs eyeing you keep your hand off that side arm, unless they start to confront you and the hair stand up behind your neck, then be ready to draw and fire if your in danger and if they have a weapon.
exactly what is unsubstantiated? that in FLA until recently mere accidental exposure more than likely could get a concealed carrier a brandishing charge? or that in NY if you pull your weapon you WILL be charged with menacing? I think maybe it is time you chilled out and stopped pretending to know all
I think I understand where you're coming from, so I can only hope you will forgive me for attempting to keep this conversation at an adult level and not 5th grade elementary school name-calling.what a moronic assumption. my gun wouldn't clear leather unless I was in imminent danger.
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