State gun law - was instructor wrong? Question...

[johntaylorny]

This question is in regard to Nevada law specifically this statute:
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NRS 202.320 Drawing deadly weapon in threatening manner.

1. Unless a greater penalty is provided in NRS 202.287, a person having, carrying or procuring from another person any dirk, dirk-knife, sword, sword cane, pistol, gun or other deadly weapon, who, in the presence of two or more persons, draws or exhibits any of such deadly weapons in a rude, angry or threatening manner not in necessary self-defense, or who in any manner unlawfully uses that weapon in any fight or quarrel, is guilty of a misdemeanor.
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In my gun safety class last month we went over all the state statutes that cover firearms. This on in particular I kinda disagreed with the instructor on.

The way I read the law, if you act with intent and want to threaten a person by brandishing your gun (pointing it at them, lifting up your shirt and poiting it out while verbally threatening them, etc). then it violates the law.

HOWEVER, our school went even furthern. The instructor and the books said that if you 'accidentally' allowed someone to see your concealed gun, you also broke the law. The examples they gave us were:
1. You are walking down the street, the wind blows your shirt up for a second, and a passerby sees your pistol under your shirt.
2. You go to the bank and at the window you open your purse. The teller looks down into your purse and sees your gun.

I don't agree with that because 1) you did not act with intent and 2) you are not brandishing the gun in a "in a rude, angry or threatening manner" nor in a "fight or quarrel". In fact the part of the statute dealing with "in a rude, angry or threatening manner" requires you to brandish the gun to 2 or more people, not just one.

Opinions please???

 

[gearhead]

Not sure about NV law but here in South Carolina and most places that prohibit open carry a LEO CAN charge you with brandishing if it's visible. I think it's one of those discretionary things, though. The logic is that many people automatically feel threatened by the sight of a carried weapon. I don't necessarily agree, but that's now it is. Other states, TN for example, seem to be more or less okay with covering an OWB gun with an untucked shirt or vest.

 

[NavyLCDR]

Not sure about NV law but here in South Carolina and most places that prohibit open carry a LEO CAN charge you with brandishing if it's visible

Nevada does not prohibit open carry.

HOWEVER, our school went even furthern. The instructor and the books said that if you 'accidentally' allowed someone to see your concealed gun, you also broke the law. The examples they gave us were:
1. You are walking down the street, the wind blows your shirt up for a second, and a passerby sees your pistol under your shirt.
2. You go to the bank and at the window you open your purse. The teller looks down into your purse and sees your gun.

Opinions please???

Open carry all the time and it will no longer be a point of discussion!

Your instructor was full of doo-doo on this one. Ask these guys what they think:

http://opencarry.mywowbb.com/forum36/

 

[Cosmoline]

Unless your brandishing law is strict liability or has a negligence level culpability, there would be no grounds to charge. The cited statute appears to require intentionally drawing with the specific intent to use it in a threatening manner. That's not the same as having the wind blow your shirt open.

However, there may be a lesser crime on the books for carrying a deadly weapon openly. I believe Texas and some other states prohibit this. So if you accidentally display your CCW, it is openly carried and may be the basis for a lesser charge. Probably not brandishing though.

 

[9mmepiphany]

depending on how your state decides or has decided to view the law...usually from having it ruled on by a court...rude and threatening might have more to do with how someone else would perceive it than how you intended it.

i think specific intent might be a defense...giving the instructor the benefit of the doubt, he may have been erring on the side of caution to limit student's interaction with LE by being more conscious of their mode of carry

 

[grimjaw]

I don't know if what the instructor claimed is true. HOWEVER, given the text of the law you posted I don't think that having your weapon exposed by accident would be considered "threatening." It might be illegal under another section of the law, but not that one.

jm

 

[wishin]

I agree with your take on the issue. If your state allows both open carry and concealed carry by license/permit or otherwise, it would make no sense for there to be a law prohibiting the exposure of the firearm short of brandishing.

 

[gearchecker]

Here in Idaho (an open carry state), The act is considered brandishing only if a weapon is shown "with intent or malice" and it's a misdeameanor violation.
An accidental or unintentional flash is not brandishing, and is not even worth a note in the state law books. Also, taking out a firearm (handgun) to show it to somebody , if not done with "intent of harm" in not considered brandishing either.

 

[divemedic]

The cops can ARREST you for anything. That does not mean you will be convicted, or that the DA will even file charges. The filing of charges isn't up to the cops, that is up to the DA.

The reasonable person yardstick will be used to determine what "rude, angry or threatening manner" is, and your shirt blowing open will not likely rise to that level. Since the breaking of the law is a misdemeanor, the cop can only lawfully arrest you if he sees the actual act. Police do not (in all the states I am aware of) have the power to arrest someone for a crime that is a misdemeanor based on what someone else told them, unless there is an arrest warrant or you admit to the crime.

The key word is "lawfully arrest" and that is why you should shut your mouth and call an attorney if the cops question you.

 

[jonmerritt]

Never pass up an opportunity to shut up.

 

[TexasRifleman]

However, there may be a lesser crime on the books for carrying a deadly weapon openly. I believe Texas and some other states prohibit this. So if you accidentally display your CCW, it is openly carried and may be the basis for a lesser charge.

There is no crime in Texas for accidentally displaying a concealed handgun, it's only a crime if done intentionally. But yes, sadly Texas is one of only a handful of states that completely prohibits open carry.

Nevada does not prohibit open carry.

That was gonna be my question, how do you have "brandishing" a handgun in a holster if open carry is legal

 

[Quiet]

I don't agree with your instructor (willing to mention who it is?).

I've gone through several NV CCW courses and none of the instructors I've had ever used examples similar to yours.

NRS 202.320 is the "brandishing" law.
So, if you draw your handgun in public, you may be arrested for it depending on the circumstances of the incident.