We REALLY need to nip in the bud the myth that "brandishing" is illegal!!!

[GlockFan1954]

Let's make a sticky or something, or force people to learn that by signing a document before joining THR.

Repeat after me folks:

if you can legally use deadly force you can legally brandish....

if you can legally use deadly force you can legally brandish....

if you can legally use deadly force you can legally brandish....

The law will never punish people for using less force than they were entitled to use!

And in some states like TX you can brandish even in cases where shooting would NOT be justified, since brandishing is not considered deadly force! So you can brandish if someone is merely threatening to beat you up and is smaller than you! Tactically of course, this is probably idiotic.
But if you brandish and BG runs, good for you, don't shoot even if justified.

 

[Marcus5aurelius]

I have no idea what you're talking about.

 

[kingpin008]

I'm not sure Glockfan himself even knows.

In many places, it's not a myth - brandishing is indeed a crime. Even in places where using a firearm in self-defense is legal.

Imagine that.

 

[Judicator]

I believe what he is referring to is people who get arrested/prosecuted for pulling heat but not firing their weapon. The goblin later claims that he/she was doing nothing wrong and the individual in question pulled their piece without good reason. But, this is ground that's been well plowed before, I don't see what's so urgent.

 

[GlockFan1954]

Judicator gets the A+

 

[GlockFan1954]

Kingpin - brandishing for no other purpose than to brandish is a crime. What you're saying is akin to saying "killing is a crime! therefore killing is illegal" Not always - if you kill in self defense for in stance.

It is not a crime in any jurisdiction if you brandish to save your life.

hth

 

[Todd A]

It is not a crime in any jurisdiction if you brandish to save your life.

That depends greatly on what you say to the cops, what the BG says to the cops, and what any witnesses say. Also on who calls 911 first.


Say you are in a parking lot. Some guy walks toward you demanding your wallet or he is going to kick your butt. He has no visible weapon.

You draw, he backs down and flees. But, someone in the lot can see,but not hear, what happened and calls in a "man with a gun".

You are no longer the victem , now you are the BG as far as the cops are concerned.

 

[TexasRifleman]

And in some states like TX you can brandish even in cases where shooting would NOT be justified, since brandishing is not considered deadly force! So you can brandish if someone is merely threatening to beat you up and is smaller than you!

No, that's not what the law says.

The particular Texas law says:

Sec. 9.04. THREATS AS JUSTIFIABLE FORCE. The threat of force is justified when the use of force is justified by this chapter. For purposes of this section, a threat to cause death or serious bodily injury by the production of a weapon or otherwise, as long as the actor's purpose is limited to creating an apprehension that he will use deadly force if necessary, does not constitute the use of deadly force.

The use of force must already be justified. A verbal threat to "beat you up" would not by itself justify force.

In the same section:

(b) The use of force against another is not justified:

(1) in response to verbal provocation alone;

Be very careful with this particular piece of Texas law.

 

[Iansstud]

I have always wondered this in washington,

Lets say there was some thugs at my car in the parklot, they start talkin trash, Lets say they even push me, I pull out my heat, and they back off....

Could they call the cops on me, and say I pulled a gun on them? would I get introuble?

 

[The Lone Haranguer]

if you can legally use deadly force you can legally brandish....

There is a distinction here. That would not be the crime of brandishing. Brandishing is when you display a weapon to threaten or intimidate when said action is not called for.

 

[HoosierQ]

I think you have to get what "Brandishing" is. Now I am not quoting the statutes here but in Indiana, in a nutshell, "Brandishing" is displaying a firearm in a implicity threatening or reckless manner...you know waving a gun around yelling at people even if you are not verbally threatening to shoot or pointing it at somebody.

The OP is, in my humble opinion, missing or mistaking the distinction between "brandishing" a firearm and "deploying" (my word) a firearm...in a legal self defense situation.

I suspect the OP is reacting to a lot of other people doing the same.

As a responsible gun owner, I don't think "brandishing" a firearm is a good thing at all while legally carrying one is a good idea and one which is protected by a right we should exercise.

 

[lacoochee]

Glock1954 you are right it is not "illegal" to brandish (deploy - I am assuming here) a firearm at least in Florida, so long as deadly force is required.

For statutory purposes in Florida brandishing has the same effect as using deadly force to stop a forcible felony, etc.

However, after saying that, it is very very stupid to brandish your firearm (at least in Florida) without using that firearm. You see to draw a firearm in Florida in an aggressive manner requires that you are in fear for your life or another life and that you MUST use your firearm to stop that attack. Now, let's say you draw your firearm defensively (in Florida to use it) but you don't instead you hesitate and "show" the weapon, now the supposed attacker flees and calls the police on his cell phone as he does so. You are going to jail, at least until things are straightened out, and that's the very best outcome.

I guess you could argue that the attacker was armed, but why would you hesitate at that moment to use your defensive firearm? You will likely die at that point and it is highly unlikely that the attacker will throw down his gun and run (if they do the gun will be there as evidence to justify your action), but you will still have been stupid not to mention extremely lucky for not pulling the trigger rapidly and consistently at that attacker once drawn.

 

[rondog]

I suppose a lot is in the definition.

To me, "brandishing" would be waving a gun around like an idiot, which would be a threatening manner, and should be illegal everywhere.

"Deploying" would be actually drawing and going into a low ready or combat stance, ready for action.

"Displaying" would be raising your shirttail or brushing back your cover garment, and gripping the pistol butt, which should send the message "don't mess with me" to anyone smarter than a cheeseburger.

Just how I see it, certainly NOT legal definitions.

 

[mljdeckard]

I will NEVER pull with the intent to frighten or change someone's mind.

 

[bdickens]

Texas law does not have a concept called "brandishing." Texas law has "intentional failure to conceal."

 

[Art Eatman]

See Post #11.