tattedupboy
Thank God I'm alive!
So I guess that the subject of this thread should be, "When is it legal to to point a firearm at someone?", since we all agree that "brandishing" is never legal, although pointing it to stop an attacker is.
So I guess that the subject of this thread should be, "When is it legal to to point a firearm at someone?", since we all agree that "brandishing" is never legal, although pointing it to stop an attacker is.
I do like that question. Yet, because the definitions probably differ by state, maybe we could further ask what the laws are state by state? I believe that this was Ishi's original thought. Brandishing is not legal. Using a weapon in self defense is. The law in my state does not say that I have to pull a trigger, or fire, or throw or send a projectile outward. It might be legal to hold someone at gunpoint in Nevada, but not in Montana. (I'm just picking states out of the air, IDK for certain.)
In a professional capacity i've had to draw my weapon several times (Security not a LEO) once was while off duty but on a property contracted by the company. I was on property speaking with a guard about their schedule (salary sucks)...anywho I heard shots and figured it was off property but checked anyway and called on duty staff over
.well there it was in a populated metro city 2 men were shooting a rifle at cars passing on a very busy interstate. I was carrying and without thinking took them down at gun-point in plain clothes. I immediately called 9-1-1 and officers were there in about 10 minutes, by this time I had cleared the rifle- set it on top of my car, patted down the subjects and re-holstered my weapon.
When PD Arrived I got plenty of thank you's and ego-boosters not a single comment about "brandishing". I don't know if this is because I was Security for the property and just off duty or if it was because I possibly stopped them from killing someone. I also received commendation from my employer and the Police Dept.
In my experience the law varies from cop to cop, and if they don't write you a citation then you probably aren't going to be charged...
(I am not a lawyer, don't listen to me)
Brandishing is classified as an unnecessary display of your gun and should never occur. The only time a weapon should be drawn is in defense of life and when your ready to take anothers life in that defense.
I assume you mean in a threatening way......
Are you "brandishing" if you are showing your friends your firearm in a safe manner?
you mean the
BANG, BANG.....BANG
I have a problem with brandishing laws in general. Deliberately pointing your weapon at someone or in a threatening manner should be illegal, unless acting self defense. However, simply displaying your weapon shouldn't be a crime. If I have my weapon sitting on the table next to me while I eat, I am legally brandishing, but not a threat to anyone until and unless I pick up that weapon.
Unfortunately, too many people see it differently.