When to Draw

[hopnpop]

brandishing NOT

In Fl., a brandishing conviction carries mandatory 3 yr. sentence. The judge has no choice, so keep it concealed unless you're going to use it!

Can't go with you on that one. We're talking about the decision to draw being legally justified. If you draw your weapon as a reaction to the threat of life and limb, but the agressor ceases and complies without you having to shoot him, you would NOT be facing a brandishing charge. If this were to happen - you draw, BG stops and complies...what are you going to do? Shoot him anyway as not to get hit with a brandishing charge? Me thinks not. No reasonable person or jury would touch you if you had to draw your gun on an agressor but were able to detain him without shooting him.

BRANDISHING is drawing your gun without justification. Let this sink in: DRAW DOES NOT ALWAYS EQUAL SHOOT!!

Michigan: brandishing is to "wave around or flourish in a threatening manner". So technically, here, if you drew your gun and just held it at your side, it wouldn't = brandishing. You'd be starting to play with fire but technically speaking, it wouldn't be brandishing.

 

[kelcarry]

Hey Ga9mm and y'all: I guess you got your answer Ga9mm and I agree with everyone. You only draw because you are going to discharge your weapon and that decision is the more difficult one---strictly utter fear for your life or the life of someone with you (wives don't count--only kidding)

 

[chad2000]

Brandishing

Hopnpop & HK4U, You're correct,sort of. In Fl. if the exhibition of the weapon is in necessary self-defense, You're ok. How about when the perp and his two buddies swear that he only picked up the ball bat when this crazy person pointed a gun at him ? There are many such scenarios. Who will the jury beleive? I guess that's why most attorneys who deal with self-defense cases, advise that if you pull your weapon you immediately call 911 and make a thorough report. The first phone caller will probably be considered the victim.

 

[hopnpop]

Hopnpop & HK4U, You're correct,sort of. In Fl. if the exhibition of the weapon is in necessary self-defense, You're ok. How about when the perp and his two buddies swear that he only picked up the ball bat when this crazy person pointed a gun at him ? There are many such scenarios. Who will the jury beleive? I guess that's why most attorneys who deal with self-defense cases, advise that if you pull your weapon you immediately call 911 and make a thorough report. The first phone caller will probably be considered the victim.

Right-o. I've heard it stressed that it should actually be a race to make the first call, as you're right that the first caller is usually automatically considered the victim. In the case of the two dudes saying he only picked up the bat after I'd drawn my gun... That's when I provide my awareness that I'd know better than to draw it if not in genuine fear of injury or worse. Hopefully that, in combination with a clean record, will trump the words of the agressor(s) whom, chances are likely, have a record. Mix in some common-sense, like, what the hell good is a bat gonna do ya when someone's got a gun pointed at you?

All-in-all, in whatever situation, just use good judgement.