when is it legal to draw?

[fisher2]

it seems we talk about when to fire around here but you can get in trouble for brandishing when it it justified to just draw? what threats need to show up ?

 

[redboneshadow]

If your life is in eminent danger of being terminated or the life of another, then you are within your legal right to protect yourself by employing lethal power. If someone pulls a knife then yes you are legal to shoot. If attacked by a gang of like 5 you have a right to pull your weapon. That is not brandishing.

 

[redboneshadow]

Brandishing would be like intentionally showing your weapon or waving it around to show or intimidate someone. Intent to protect is not brandishing.

 

[kelcarry]

IMO, it is legal to draw when it is legal and you are prepared to shoot; that is the only time I would think of presenting my firearm. As mentioned by redbone, presumption of imminent danger of death or great bodily injury to you or, in SC, to someone else as part of the "alter ego" part of the law is the key phrase for considering the use of your firearm and, therefore, drawing it. You have to know your state's specific laws on these kind of definitions but the answer, IMO, to your question is really very simple, although the circumstances for actually invoking this "presumption" are never simple.

 

[Chief1297]

One should only draw when the use of deadly force is authorized BUT just because you draw doesnt mean you have to use deadly force. that's my rule.

 

[JJFlash]

I see no problem with "exposing" your piece if the intention is to stop bad things from happening. Sweeping your jacket aside to give a BG the opportunity to make a different decision is not "brandishing", IMO. In fact, I think it's a smart move to head off what could be very dire consequences (for all concerned). If I draw, it would be with the intent to use it, altho, time permitting, I might draw to the "ready" position, and give the BG yet another opportunity to come to his senses. Hope to high heaven it nevers comes to this.

 

[kelcarry]

Hey JJ: Drawing your firearm is exactly that. I do agree that something short of brandishing could certainly contain a bad situation but if you are going to take your firearm out of the holster and hold it in your hand, you had better be ready to use it. I would hope we all can agree that once a firearm is in your hand it had better have something to do with your presumption that something bad is just about to happen to you or others (alter ego in SC) and that you have made a decision to use the firearm unless something changes within a very short period of time.

 

[BigSlick]

I see no problem with "exposing" your piece if the intention is to stop bad things from happening. Sweeping your jacket aside to give a BG the opportunity to make a different decision is not "brandishing", IMO. In fact, I think it's a smart move to head off what could be very dire consequences (for all concerned). If I draw, it would be with the intent to use it, altho, time permitting, I might draw to the "ready" position, and give the BG yet another opportunity to come to his senses. Hope to high heaven it nevers comes to this.

100% agree!

 

[kelcarry]

Hey G50: Nice to reply to you and wishing you a healthy and happy holiday season. It is so nice to know that a kid cannot even draw a pix without someone getting their wedgie too tight. As I write this, our dear idiot king is about to sign his ugly wife's pet project which, among other things bans cookie and cake sales at schools, as if this is any of their damn business. Slowly but surely anything and everything will be "up to the government" who have demonstrated an inability to do anything right. We surely are going down the tubes and becoming a fascist state with this idiot and his minions. I for one, given that I live in one of the best places in the US, may travel by car to places in the US but will, most likely, never take another airplane anywhere. If I do, I will hope that my wet pants and underwear bring about an expression of disgust during my TSA patdown as I explain that the wash basin in the airport sprayed an uncontrollable amount of water on me as I washed my hands, which is certainly a possibility

 

[ClearSightTactical]

Each locality will have there own legislation regulating the specifics of displaying a firearm. In New Mexico we do not have a 'brandishing' statute. Rather you're exposed to Aggravated Assault which is to threaten another with a deadly weapon.

My general rule of thumb is to keep my firearm holstered until I am ready, willing, and justifiably able to use it. If the presence of my firearm stops the action prior to pulling the trigger, that's awesome.. but I will immediately (as soon as reasonably possible) contact local Police to advise of the situation to reduce my risk of being charged with aggravated assault.

If the incident goes unreported and the person on whom you pointed a firearm at calls PD to report you first- things can get ugly.

Your mileage will vary, the above is not legal advice.

 

[Pokey]

I see no problem with "exposing" your piece if the intention is to stop bad things from happening. Sweeping your jacket aside to give a BG the opportunity to make a different decision is not "brandishing", IMO. In fact, I think it's a smart move to head off what could be very dire consequences (for all concerned). If I draw, it would be with the intent to use it, altho, time permitting, I might draw to the "ready" position, and give the BG yet another opportunity to come to his senses. Hope to high heaven it nevers comes to this.

I couldn't agree with you more.....and I highly doubt that somebody whom is or may be considering violating you, will be contacting the police should you give them a peek at your piece. I would be very vocal in that I am carrying and I want no trouble, but will be 100% responsible should they continue to push my right to protect myself.

 

[kelcarry]

Hey Pokey: Can understand your comments and agreement with JJ but I would think you had better be very careful depending on the jurisdiction you are in, and the "if" in your initial sentence better be very clear in your mind. You and JJ may be better "trained" than many but I have certainly had conversations with a number of people who seem to even think that firing their firearm in the air is a worthwhile deterrent--it sure is and it takes the showing of the firearm to another level-- but if you want trouble try and keep that kind of action going all the time you "think" you "may" have a problem.

 

[S&WM&P40]

Each state has it's own laws on this matter. You need to sit down and read your states code on this matter!

 

[Pokey]

Hey Pokey: Can understand your comments and agreement with JJ but I would think you had better be very careful depending on the jurisdiction you are in, and the "if" in your initial sentence better be very clear in your mind. You and JJ may be better "trained" than many but I have certainly had conversations with a number of people who seem to even think that firing their firearm in the air is a worthwhile deterrent--it sure is and it takes the showing of the firearm to another level-- but if you want trouble try and keep that kind of action going all the time you "think" you "may" have a problem.

Yup I see your point, and I would use very good common sense in such a situation. I think that allot of high grade mace/pepper spray is for sure a weapon, as is a knife......so I would take my chances with 12, instead of possibly being carried by 6. If I am carrying my Glock 19 in my sideholster, but yet the gun is concealed being due to my jacket/long shirt, yet I pull back my jacket or lift up shirt to show the perp I mean business.....can't see how that would be illegal. We also have an open carry law here, so the gun is still in the holster and not being brandished. The problem is that some of the carry laws in many states "like OHIO" are not black and white, that is a problem and seriously needs to be fixed. Too much relies on the situation at hand, and you would like to think that folks like us would have the law on our side.

 

[Pokey]

Each state has it's own laws on this matter. You need to sit down and read your states code on this matter!

Except that there is allot of gray areas in many of the codes/laws, that is a problem. Heck many law enforcment officers don't even know the ins and outs of the CCW or personal protection laws......and that is plain scary. When a law abiding citizen is put into a fight or flight situation, many times the laws don't come into play. That is where a judge and possibly even a jury needs to get a clue, and especially put themselves in the victims shoes.

 

[S&WM&P40]

Except that there is allot of gray areas in many of the codes/laws, that is a problem. Heck many law enforcment officers don't even know the ins and outs of the CCW or personal protection laws......and that is plain scary. When a law abiding citizen is put into a fight or flight situation, many times the laws don't come into play. That is where a judge and possibly even a jury needs to get a clue, and especially put themselves in the victims shoes.

That's when it falls on John Q to sit down with a lawyer and go over codes they don't understand. As I have found law makers love to pass laws. But when it comes to understanding what they have just passed they have no clue and therein lies the problem. Go to your states website and research the codes and try and get a understanding of what they mean.

 

[kelcarry]

Hey Pokey: Merry Christmas and a Happy New Year that does not cause you a moment to show any intent per this thread. God Bless brother.

 

[CapGun]

Kelcarry is correct! The question is best answered by the answer to the question everyone asks when taking a class for the first time or talking to someone who "carries" "When is it OK to shoot someone?" That is when it is ok to draw your gun.
If you end up not shooting someone by lucky circumstance then at least two people had a very lucky day.
So as someone else posted..you draw your gun with the intention of not shooting and you end up scaring the bad guy off. In that case you better dial 911 and report the incident before the innocent BG beats you to it and tells how you threatened him just because he asked you for the time or he was picking flowers for his mother in the garden.
I think you get what I am saying!

 

[Pokey]

Kelcarry is correct! The question is best answered by the answer to the question everyone asks when taking a class for the first time or talking to someone who "carries" "When is it OK to shoot someone?" That is when it is ok to draw your gun.
If you end up not shooting someone by lucky circumstance then at least two people had a very lucky day.
So as someone else posted..you draw your gun with the intention of not shooting and you end up scaring the bad guy off. In that case you better dial 911 and report the incident before the innocent BG beats you to it and tells how you threatened him just because he asked you for the time or he was picking flowers for his mother in the garden.
I think you get what I am saying!

I think I would know if somebody is likely gonna cause me potential harm "not an innocent BG", and me actually pulling out my gun or showing it in my holster are 2 totally different things. Gun in my holster is not illegal, and I will gladly take my chances with law enforcment in either circumstance.......many criminals are spineless, that is why they do what they do. It is going to take a whole lot for me to actually draw my gun, and I dread the day if it were to ever happen to me or the perp. If the word of a person who more than likely has some kind of a record takes presedence over mine.....then I think I will eventually move out of this country.

 

[Pokey]

Hey Pokey: Merry Christmas and a Happy New Year that does not cause you a moment to show any intent per this thread. God Bless brother.

Merry Christmas and God Bless you too.......I love SC, really hoping to take a moto trip down there next year.