Parrot much?
Again, if you read what I said, "can I help you" only replaced "STOP" if the first words "excuse me" seemed to break the stride of their approach. You are still motioning them to stop and stay back. If they're not stopping when you motion them to stop approaching and say "excuse me" you finish the sentence with the word "STOP". If at that point they still haven't stopped, it is time to have your weapon in hand as you continue to assess the situation (not pointing it at them unless an attack is imminent and that's all the time you have).
To be brandishing, you need to have your weapon visible to the party in question in some form of threatening manner. As I stated, you should turn your strong side away and remove your weapon from the holster and keep it concealed behind you while assessing the situation, this is not brandishing it is being prepared. Again, if you read what I stated, the gun comes out at the point of the first warnings not being acknowledged and the party in question is still bearing down on you in a threatening manner.
Menacing is a threat of violence. You are not threatening violence, you are warning that you will defend yourself against any acts of violence. At this point of the contact, menacing is what they are doing by not yielding their approach.
Of course you're from NY and that's a whole other world up there. Normal thinking doesn't apply.
A little touchy? I usually don't flame someone but let's straighten you out right now.
First, I've been teaching this stuff to police, private bodyguards, homeland security, at the U.S. Military Academy, with SWAT teams and in various military and government contractor applications for decades. I've trained at the top facilities and have been doing it since most posters still had zits.
Second, NO training academy will tell you to ask the person a question; you are taught to NEVER converse with the goblin...
NEVER. Every defensive course from the top schools will advise the first action is avoidance. If you can't avoid or deter then a very loud direct command to stop is issued. If that person fails to stop you do not draw your gun, you move & retreat; it's less costly than paying an attorney $100K. Drawing a gun at that point is extremely dangerous and stupid. What if the person is deaf?
When we talk about brandishing the actual crime is menacing and it is based on PERCEIVED threat. All you need to do is reach back and put your hand on that gun and the charge may apply. Your command to STOP doesn't have to be obeyed by anyone. If you're walking toward me and should command me to STOP I'll ignore you and walk past. No one commands me, ever. Who is this person telling me to STOP? Let them go to hell. Any action as I walk past would be considered a direct, imminent, unprovoked threat and appropriate defensive action would commence.
You need some serious training to avoid making a serious mistake. this line of thinking is way off-base. This is what career instructors refer to as "Dangerous Man Syndrome." People "think" they know what they're doing. They "think" they know the law and they "think" they understand the financial and legal aftermath.
Third... now for NY. I'll lay my CCW against yours in a heartbeat. No restrictions, concealed carry, permit good for life - no renewals, no limit on handgun purchases, no training requirement codified into law (other than three counties), no laws stopping the carry in a bar, restaurant, bank, hospital, mall, public transportation, municipal property, car, etc. The only place restricted by law is a school. I read posts on USA Carry from people in "gun friendly" states who can't carry on a bus or into a restaurant. Even Texas and Florida require renewal. Absolutely rediculous.
NYS has about a 9% CCW demographic. Their are 34 houses on my 4-mile road. 29 have a CCW. The issues I mention have nothing to do with NY. If you don't like NY... stay out. But don't ever confuse NY State with that foreign country called NY City. I walk around armed and unmolested by laws.
Next time a little more tact. A rebuttal is expected... but not an insult.