What constitutes “brandishing”

[Bulletski]

I would like to get opinions on what constitutes “brandishing” a pistol.
I always thought it meant waving a gun around in the air but apparently that’s not the half of it.
I’ve read recently were brandishing can mean just showing a trouble maker that you have a gun in a holster on your person.
I would assume the definition of brandishing is going to be different in different states and locales, but in the end, is it really just up to a judge to decide on their own what brandishing is?

 

[MEHavey]

South Carolina: "unlawful for a person to present or point at another person a loaded or unloaded firearm. "

What constitutes "...present..." is the issue, and in the hands of the local DA, prosecutor, ...and eventual jury.
Never forget, however, that any of those individuals can get a ham sandwich indicted -- regardless of fact.

 

[Kleanbore]

See this:

https://www.thehighroad.org/index.php?threads/brandishing-and-when-can-i-draw.731200/

 

[The Night Rider]

You started this identical discussion in August of 2022 I think you got some pretty good answers there. Do you think something's changed since then?

What is considered brandishing?

Hi All: Got a question regarding what "brandishing" really means. When I think of what "brandishing" would be, it would involve taking the pistol out of the holster and either waving it around OR sticking it in the face of the other party. Obviously that's a blatant example. But my question...

www.thehighroad.org

 

[bearcreek]

I would like to get opinions on what constitutes “brandishing” a pistol.

Here are a couple dozen threads on the subject for you to peruse. https://www.thehighroad.org/index.p...e=2&q=Brandishing&c[title_only]=1&o=relevance

 

[Shawn Dodson]

Contact your state attorney general's office (AGO) for information. Ask for a link to the statute and all related case law. This is free.

If you still don't understand or have a few hypothetical scenarios you want to know about, then you're going to have to hire a criminal defense attorney for legal advice because your AGO cannot give legal advice.

 

[Kleanbore]

Thanks for the help.

This should do 'er.