Is it legal to draw your weapon when nobody is around?

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Paincakesx

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This is not something I have ever done nor intend to do - it's just a theoretical question that I've been wondering about. We all know that it's generally unlawful to just draw your gun for no apparently reason when in public around other people.

However, what if somebody, for example, felt that their gun wasn't fully secured in their holster and decided to pull the gun out and reholster it with nobody around? It can't really be brandishing given there isn't anybody around to bradish it to nor threaten, but is it still unlawful? If a security camera caught the act and authorities were notified, would you be in trouble?

Again, just a thought, not something I have done nor intend to do.
 
If a tree falls in the forest and no one is around to hear it, does it still make a noise?

I don't believe that an unobserved act suddenly gains (or loses) justification or merit solely by the mere fact that it is unobserved.
 
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Depends on the jurisdiction, and the situation. For instance, in NY State, if the police could argue that you did it "recklessly" or knowing that it could cause "public annoyance and or alarm" you could be charged with with disorderly contact, or possibly, menacing. If, however, you did it somewhere it would be reasonable expect that no one would see you, ie. out of the public view, it probably wouldn't be a problem. If this sounds somewhat vague, it is meant to be.

In NC, where open carry is legal, they have a charge called "Going armed to the terror of the public". But in that case, there would have to be other factors involved (like behaving in a threatening manner).

I'm LE and I've gone on several calls where some one Has had their shirt ride up in public, exposing there weapon (seems to happen with SOB holsters), or has dropped a weapon in public (happens with cheap holsters). Provided the person checks out, it usually isn't a big deal.
 
Well if police were notified and they walked up to you im sure showing them your cwp and a simple explanation would send them off. Why oh why cant we live in a society like in the 1800's? People may think it was all about gang shootouts and murders like in the movies but im positive the crime rate of modern day america makes it look like a utopia.
 
Actually the quote is "If a tree falls in the forest and no one is there to hear it does it make a sound"

If you draw your gun for no reason and no one is there to see it why does the law matter?
 
I can't speak to whether or not it's legal, but I will say, my opinion is that it's not wise. Drawing your gun is pretty strong body language. I wouldn't do it without a good reason.

If you are in a public place, and everyone else has left, you are still in a public place. Alone in a public place is not the same as in private. I'm not handling my firearm in a public place unless it's appropriate (i.e. range), or a serious issue.
 
Google "mensrea".

While not illegal, you could reasonably be subject to scrutiny. If Linda calls the cops, they'll ask you some questions.
 
Sheesh. This is the second question I've read this morning that knowing WHERE you live makes a difference, but you don't mention it and you don't identify it in your profile.

What law says you cannot draw your weapon? I work for a DOD Agency that has offices on the 6th floor in a downtown area. I arrive armed with my personal firearm, but I cannot under any circumstances bring it into the office area. When I park in the parking garage I get out, disarm, and lock the gun in a lock-box secured to the rear seat. I prefer that nobody see, but it's not unlawful.

If your gun needs reholstering, first resolve to get a better holster, then duck into the restroom and make the correction.

One other issue you should address is your ignorance of the law. You're carrying a gun for Pete's sake, you need to know the law, not be guessing every time you walk out the door and hoping you're right. I don't mean to sound harsh, but it's that important.
 
This is a grey area. It could be legal, or at least not illegal. If no one else is within sight, you couldn't very well be charged with, for example, brandishing the firearm to intimidate or frighten people.
 
Getting back to the op's question:
It can't really be brandishing given there isn't anybody around to bradish it to nor threaten, but is it still unlawful? If a security camera caught the act and authorities were notified, would you be in trouble?
Click to expand...
If a security camera caught the act and authorities were notified, then you weren't really alone, were you? You were in a store or parking lot where security cameras were in operation. Put yourself in the place of a security guard locked up in a dark room for an eight hour shift and you saw someone sneak off to the corner of the store, look left and right to see if anyone was around, then draw a weapon, check it, and replace it under his jacket. What would you think?

At the very least, you'd have a nice sit-down in the back of a police car for about an hour while your story, your background, and your CCW were all checked.

Public urination is also illegal, but doing it alone in the woods and doing it in a parking lot when you thought nobody was looking are two very different things. My advice: Don't draw where you wouldn't pee.
 
This all depends on the State I imagine...

Living in Vermont, none of these scenarios has ever occurred to me...

As long as you are not threatening anyone, carry is legal here; open or concealed...
 
In my state, it only counts as brandishing if you draw your weapon in public and somebody feels intimidate. I wouldn't do it, because risking felony convictions isn't my favorite pastime.
 
If it was as you described, a routine safety check and you obviously looked to make sure no one was around before unholstering your weapon, then no one was put in danger.

It might be different if you were practicing your quick draw in the back room with nothing but a couple of sheets of dry wall between you and other people.

Just a thought, but suppose they did have you on video drawing and handling a pistol. Don't they have to PROVE that it was real and loaded and not just a realistic looking toy or an Airsoft replica? Maybe you were using a toy to safely do some quick draw practice. How can they prove it was a real pistol unless you are caught before leaving the premises? I have a Daisy 1911 Officers Model that looks practically identical to the real thing. It does not have a red muzzel either.
 
I brandish mine at home all the time in the mirror. I pull and glare into the mirror saying, "You talkin' ta me? You talkin' ta me? There ain't no one else around. You talkin' ta me?" But I'm really worried the thought police are gonna catch me. Yeah... I'm B-A-A-D!!

:D :D :D
 
Actually the quote is "If a tree falls in the forest and no one is there to hear it does it make a sound"

If you draw your gun for no reason and no one is there to see it why does the law matter?
Click to expand...

Well the fallen tree does generate sound waves. Drawing your gun results in patterned light waves (even in near darkness). Keep in mind that while nobody may be around, a security camera may be and the event gets recorded and so while nobody may have been around, there is proof of the violation (assuming it is one).
 
This leads to the question:

If there is no person to put in harms way is there a crime?
A video camera is not a person and even if you accidently pointed your gun directly at the lense it is still concidered a "safe direction."
 
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