MI House passes definition of brandishing…. On to the Senate….

[ezkl2230]

Bills HB 5091/5092 finally define brandishing. MI law prohibits brandishing, but never defined the word. It is this lack of a definition that has been the weapon use by anti-OC forces in Michigan to attack this right. Since there is no official definition, the courts have to rely on the dictionary definition - so in the case of the Capitol Area District Libraries who were suing to prohibit OC in the library, the dictionary definition they found not only defined brandishing as waving or displaying a firearm in a threatening manner, it also included "ostentatious display" as part of the definition. Using this definition, the attorneys for CADL argues that OC constitutes the ostentatious display of a firearm and should be prohibited under the state's brandishing law.

HB 5092 defines brandishing as:

(C) "BRANDISH" MEANS TO POINT, WAVE ABOUT, OR DISPLAY IN ATHREATENING MANNER WITH THE INTENT TO INDUCE FEAR IN ANOTHER PERSON.

This definition finally takes the wind out of the sails of several in Michigan who have tried to classify OC as brandishing.

HB 5091 allows for brandishing in necessary self-defense or defense of another:

Sec. 234e. (1) Except as provided in subsection (2), a person shall not WILLFULLY AND knowingly brandish a firearm in public.
(2) Subsection (1) does not apply to any EITHER of the following:
(a) A peace officer lawfully performing his or her duties as a
peace officer.
(B) A PERSON LAWFULLY ACTING IN SELF-DEFENSE OR DEFENSE OF
ANOTHER UNDER THE SELF-DEFENSE ACT, 2006 PA 309, MCL 780.971 TO
780.974.

Now on to the state senate.

 

[ezkl2230]

Mlive is indicating displeasure with the definition of brandishing:

Another two-bill package, this one introduced and advanced with bipartisan support, would clarify what it means to "brandish" a gun, excluding weapons that are holstered or on a sling. Instead, "brandishing" would be narrowly defined as pointing, waving about or displaying a gun in a threatening manner.

Link Removed

 

[ShootSig]

If you carry concealed and run into a situation where you feel the need to pull up your shirt and show your pistol is that ok?

 

[ShootSig]

By ok I mean is it in any way illegal?

 

[ezkl2230]

If you carry concealed and run into a situation where you feel the need to pull up your shirt and show your pistol is that ok?

Strictly speaking, that would be an application of less than lethal force, which is legal under MI law. There have been instances in which a defender has displayed their firearm defense situation, not pulled the trigger, and was not charged with brandishing.

However, while it is a misdemeanor to brandish a firearm (in a situation other than self defense), the same pair of bills that would finally define brandishing explicitly exempts someone in a self defense situation from being charged with brandishing:

Sec. 234e. (1) Except as provided in subsection (2), a personshall not WILLFULLY AND knowingly brandish a firearm in public.
(2) Subsection (1) does not apply to EITHER of thefollowing:
(a) A peace officer lawfully performing his or her duties as a
peace officer.
(B) A PERSON LAWFULLY ACTING IN SELF-DEFENSE OR DEFENSE OFANOTHER UNDER THE SELF-DEFENSE ACT, 2006 PA 309, MCL 780.971 TO


780.974.

Contact your senator and let him/her know that they need to vote for HB 5091/5092.

Also, we need to contact the members of the Senate Judiciary Committee and put pressure on them to get these two bills to the floor of the Senate for a vote without amending them. The members of this committee are:

Rick Jones (R, chairman)

Tonya Schuitmaker (R, vice-chair)
Tory Rocca ( R )
Steve Bieda (D)