Would this be considered Brandishing (hypothetical)


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Black92LX
October 4, 2004, 07:00 PM
Well an incident just happened that got me thinking.

I was coming home from the store with my buddy (he was driving). We changed lanes and apparently the fella that was now behind us did not like the fact that we changed lanes in front of him. So at the next traffic light he passes us in the shoulder and cuts in front of us slams on the brakes. and gets out of the car comes up to the window and starts yelling. Not sure as to what he was yelling. For my buddy and i were enjoying the new Chevelle CD fairly loudly. not really paying attention to the guy, that can just barely see into the window of the Tahoe. I am assuming we had a case of little man syndrome on our hands here but that is besides the point. Anyway people start honking and yelling at him to move since he is now blocking traffic. He goes and gets back in the car drives off.

So here is my question. If i were carrying in accordance to the state of Ohio's CCW law. My firearm would have to be in plain sight (while in the car). So there would be no doubt that when this little guy came up to the window he would have seen the gun. So my question is since this is a situation where the firearm would not be allowed for defense (no threat of death or extreme physical harm) and the guy undoubtably would have seen the gun. Could i be charged with brandishing for carrying within the accordance of the law?

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Cyanide_357
October 4, 2004, 07:10 PM
So, you like the new Chevelle CD too... must be a local thing.

I really can't answer your question, but I would have to guess no. I'm guessing this because the weapon would be in plain sight on your person, or your buddy's person, and was not waved around or handled durring the incident.

Cyanide

Valkman
October 4, 2004, 07:22 PM
I never have understood why they give you a CONCEALED carry permit and then tell you to put it in plain sight. Doesn't matter - if a pissed off guy stomps up to the door of my truck my gun will be out, if not visible - it will be in my hand though. If I stuck it in his face before he did anything then I believe I'd probably get in trouble for it.

It would be hard to call it brandishing though if the law says it must be in plain sight!

You two seemed awfully non-chalant about a guy who could have pulled a weapon or bashed the window in - or both.

Redlg155
October 4, 2004, 07:34 PM
If you were carrying in accordance with your states gun laws, then I'd venture to say "No", it's not considered brandishing. Having the weapon in your hand would be a different story.

Source: Webster's Revised Unabridged Dictionary (1913)

Brandish \Bran"dish\, v. t. [imp. & p. p. Brandished; p. pr. &
vb. n. Brandishing.] [OE. braundisen, F. brandir, fr. brand
a sword, fr. OHG. brant brand. See Brand, n.]
1. To move or wave, as a weapon; to raise and move in various
directions; to shake or flourish.


Good Shooting
Red

mondocomputerman
October 4, 2004, 07:38 PM
My opinion would be no, it would not be brandishing.

Black92LX
October 4, 2004, 08:24 PM
You two seemed awfully non-chalant about a guy who could have pulled a weapon or bashed the window in - or both.

not really much we could do. we were boxed in with cars. i mean i had a disc golf driver ready to jack in his face if he broke the window. but it was a point we really couldn't do anything but ignore him.

Cyanide_357 we need to hang out sometime man.

SiG Lady
October 4, 2004, 08:36 PM
'Brandishing' would seem to imply you were handling the gun or making show of it deliberately at least in a mildly assertive manner. Next step is 'menacing' (probably pointing it at him aggressively without sound reason). If you had your gun in plain sight yet didn't handle it, then that could hardly be called 'brandishing'... Hopefully, if the idiot SAW it he'd be sensible and respond by backing off. If the idiot touches your vehicle or reaches INTO it, especially, then you--as far as I know (here in Oregon)--you have the right to start defending yourself. My hand would be on the gun the moment he touched the vehicle. I would draw the gun shortly thereafter if he reached into the car or made ready to.

SAG0282
October 4, 2004, 09:03 PM
What a ridiculous motor vehicle law.

<--------Thanks God he lives in WA.

Black92LX
October 4, 2004, 09:05 PM
What a ridiculous motor vehicle law.

you're telling me

LiquidTension
October 4, 2004, 09:10 PM
If the situation ever came up where the gun was visible to some guy that's pissed at you, you should call the police and report him - if he calls first, your conversation with the police will be much less enjoyable. As for brandishing...doubtful. It would end up as his word against yours, and you have a witness to support you.

Option 1 - you call the cops:
Black92LX: "Some lunatic just cut us off in traffic, then got out of his car and charged my vehicle. My legally carried firearm was on the dash, in compliance with state law. He saw it and split."

Option 2 - he calls the cops:
Crazy: "Some punks just cut me off in traffic, then started pointing a gun at me!"

Seriously, if the guy gets that mad about a lane change, you think he'd hesitate to lie to the cops just to give you a hard time?

Black92LX
October 4, 2004, 09:26 PM
Seriously, if the guy gets that mad about a lane change, you think he'd hesitate to lie to the cops just to give you a hard time?

that is exactly where my thought process started!

Phantom Warrior
October 5, 2004, 12:25 AM
i mean i had a disc golf driver ready to jack in his face if he broke the window.

THAT is the freakin' coolest thing I have heard this month. I'm more of an Ultimate man myself, but that's still awesome. My hat is off to you...

Black92LX
October 5, 2004, 12:36 AM
My weapon of choice when my Sig is not around!
http://img.photobucket.com/albums/v432/Black92LX/ShowLetter5.jpg

i have been hit with these suckers before and i sure as hell wouldn't want one hitting me in the face from 5 feet away. it would definatrly send you black for a couple seconds.

Greg L
October 5, 2004, 01:26 AM
:uhoh: :scrutiny: :D

Do you ever run around Banklick J? If so give me a yell as that is 5 min from my house. Not being able to throw those things I wouldn't mind wandering through the woods w/ you. Of course I'll probably have assorted 2 & 4 legged critters along for the hike.

Greg

Black92LX
October 5, 2004, 02:39 AM
i haven't been to banklick. but am always up for playing a new course. the only place i have played in KY is AJ Jolly. just checked out Banklick and it looks nice. i will definatly let you know when i head down there.

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