mljdeckard
Member
Governor Herbert signed a bill today clarifying what defines 'brandishing'.
http://www.le.state.ut.us/~2010/bills/hbillint/HB0078S01.htm
(Scroll to the very bottom to see pertinent changes)
I won't post the text in here because cut and paste doesn't keep the distinction of the changes and it doesn't make sense. Well, I'll post the relevant paragraph, the law NOW reads;
" 75 76-10-506. Threatening with or using dangerous weapon in fight or quarrel.
76 (1) As used in this section, "threatening manner" does not include informing another
77 person of the actor's possession of a dangerous weapon or displaying a dangerous weapon if the
78 actor reasonably believes it to be necessary as provided in Section 76-2-402 ."
This is a change from the old text in which stated that showing a gun NOT in the act of self defense could pretty much always be called brandishing.
http://www.le.state.ut.us/~2010/bills/hbillint/HB0078S01.htm
(Scroll to the very bottom to see pertinent changes)
I won't post the text in here because cut and paste doesn't keep the distinction of the changes and it doesn't make sense. Well, I'll post the relevant paragraph, the law NOW reads;
" 75 76-10-506. Threatening with or using dangerous weapon in fight or quarrel.
76 (1) As used in this section, "threatening manner" does not include informing another
77 person of the actor's possession of a dangerous weapon or displaying a dangerous weapon if the
78 actor reasonably believes it to be necessary as provided in Section 76-2-402 ."
This is a change from the old text in which stated that showing a gun NOT in the act of self defense could pretty much always be called brandishing.