Would this be brandishing?

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wbwanzer

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Suppose I am inside of my house and one or more persons are trying to break in at the front door or the kitchen door. The front door has no window, but there are those narrow windows on either side of the door that run the full length of the door. I think they're called sidelights. The kitchen door is a slider that is all glass. So if someone were forceably trying to gain entrance, say with a crowbar at either of these doors, would it be brandishing to show them a handgun through the window? I hope this is not viewed as a stupid question as I really am not sure. I ask because our neighbor's house was broken into through the kitchen slider. She was not home at the time.

If someone was trying to break in and I'm there with a handgun, do I need to keep it hidden and maybe announce that I'm armed in hopes of stopping the forced entry? Do I let them see the gun in hopes of stopping the entry? Do I have to wait until they're inside to bring the gun to light? Sure I could call 911 when I become aware of what's going on if there is time. Would it be against the law to let them know I'm armed by letting them see a gun?

I'm guessing the legal answer will be to not show the gun, but it sure seems like the best way to stop the breakin.

I live in the People's Republic of Maryland. More thug friendly than victim friendly.
 
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to waive the gun around would be brandishing... to draw and point it at them with the intention of defending yourself would not... Technically, you would probably have to warn them first or wait until they crossed your threshold, depending on your state, but draw to defend yourself and pull the trigger if they do not immediately turn tail or assume a submissive position.

IMO, "showing your gun" is brandinshing.... Drawing your gun in a defensive manner in response to a threat is not... once again, it depends on your state.
 
What state do you live in? If you live in a liberal state, then it may very well be illegal. If you live elsewhere, it won't be illegal.
 
I'm in the People's Republic of Maryland. The state would probably want me to shoot myself so the poor perpetrator doesn't have such a difficult time of it. :rolleyes:
 
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Uuhhh.....:confused:

I guess some states may have some really crazy gun laws but....come on! That is over the top crazy.

If someone is actively breaking into your house wave the gun at them hell wave two guns at them. THEY are in the ACT of breaking into your HOUSE!! :eek:

In CA brandishing a firearm is displaying it in a way that is threatening. Someone brandishing a firearm is the aggressor in the situation.

A person inside their own home during a breakin is NOT the aggressor in the situation.

Brandishing would be more along the lines of seeing someone walking past your house on the sidewalk and trying to scare them off by showing them your gun, in a threatening manner.

So short answer..No.
 
Perhaps brandishing is not always illegal??

It seems to me ( I am not a lawyer ) that if you are the intended victim of a criminal act that would justify the use of deadly force then threatening the criminal suspect ( i.e. brandishing ) would not be illegal.

Please note that my opinions are not authoritative in any way.
 
So I googled Va brandishing.

Straight from the Virginia code. As you can see it is not brandishing when you are in iminent fear. and using a weapon in self defense.
Note the bold print.


� 18.2-282. Pointing, holding, or brandishing firearm, air or gas operated weapon or object similar in appearance; penalty.

A. It shall be unlawful for any person to point, hold or brandish any firearm or any air or gas operated weapon or any object similar in appearance, whether capable of being fired or not, in such manner as to reasonably induce fear in the mind of another or hold a firearm or any air or gas operated weapon in a public place in such a manner as to reasonably induce fear in the mind of another of being shot or injured. However, this section shall not apply to any person engaged in excusable or justifiable self-defense.
 
I wouldn't show them anything.

I'd simply say, "I'm armed and if you come through that door you're going to be shot. I've already dialed 911."

If they don't believe me and feel lucky, see how that works for them.

My duty and intent is to protect myself, not THEM.
 
To reiterate what has been pointed out to some extent.

Brandishing is a criminal act. An "affirmative defense" to brandishing a weapon is that doing so is in support of your legal right to present a firearm in defense, or apparent imminent defense, of self or others.

An affirmative defense is defined as the affirmation of a condition having occurred but providing a reason that inhibits the ability of a trier of fact to find you guilty. It is a justification, or excuse, if you will from criminal and civil liability.
 
Of course it's brandishing, you're displaying a firearm in a manner that's threatening. That's kind of the point - if someone is actively breaking into my home your damn right I'm gonna be threatening!
 
If there's a sidelight and they can see you, you can see them. First, I highly doubt that burglars are going to continue breaking in once they realize the house is occupied. Second, I highly doubt that those burglars are going to swear out a brandishing complaint against you, the homeowner. Third, if these guys are actively ripping your door open with a crowbar, and you can see they are not obviously LEOs, why are we even talking about this? Mr. 12 guage says hello...that's what castle law is for. It should be a common occupational hazard for burglars to become ventilated while working.
 
It may meet the dictionary definition of brandishing, but I can't imagine it would be illegal in any jurisdiction where owning the gun in the first place is legal.*

*Legal advice worth every penny you paid for it.
 
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Owning a silencer is legal in WA, but shooting through it isn't. So just because you can own a gun doesn't mean you can brandish it. The important thing is this - can your gun legally be used for self defense? If so, I see no reason why you cannot threaten lethal force in the same situation. I think the courts would look on you a lot better if you were getting sued for brandishing your gun and you say "He was breaking into my home, I feared for my life, so I told him to leave, and had my gun ready in case he didn't" than if you say "He had a crowbar so I busted a cap."
 
I've told this story before, so I'll just hit the highlights. About 25 years ago, we lived in Md. Beachwood forest area just off the Magothy. Pretty thinly populated back then. I had a pair of nair-do-wells with an over sized screw driver (the kind people used to free tires from rims) at the back kitchen door. They had already popped open the screen door that was on the back porch. Now, they were intent on prying open the kitchen door that had a full pane of glass. One would go through the kitchen into the laundry and out the back door. The laundry had, as usual, a washer/Dryer that jutted out slightly.

I placed my O/U Baretta on top of the washer with the barrel pointed at the door. Next I flipped on the light. The black barrel against the appliance white surely stood out, and on looking down that barrel, the BG's fled. We had called 911, and the boys in blue showed up about 10 minutes later.

I have no idea if the laws in Md. have changed from that time, but it convinced me to purchase a hand gun. The thought of "What if I had been a second or two later, and confronted them in the dark hall?" haunted me until I purchased my first 1911.


KKKKFL
 
Posted by wbwanzer: So if someone were forceably trying to gain entrance, say with a crowbar at either of these doors, would it be brandishing to show them a handgun through the window?
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"Brandishing" is addressed in the laws in some states and not in others. However, even in places in which the term itself does not appear in the law, other laws usually apply, including laws against assault.

Whether displaying a handgun to someone else is unlawful (and I presume that that is the real question here) usually depends on whether doing so would cause apprehension in the other person and whether or not the act is justified under the circumstances.

What would constitute lawful justification varies among jurisdictions. You do not say where you live. Further, we do not recommend relying upon legal advice obtained from anonymous sources over the Internet.

For what it's worth, I did show a gun to someone who was trying to break down the back door just over forty six years ago, and it caused him to depart in great haste.. My mistake was in not calling the police immediately.
 
A number of times I have had people ( outside shopping centers) come up to me with
the old tired story" I don't have any money & my car is out of gas"
Sometimes they refuse to get out of my way & let me pass.
I open my jacket exposing my gun--they usually leave.
It may be illegal---TOUGH//////////////////////////////
 
Posted by Howard J: I open my jacket exposing my gun--they usually leave.
It may be illegal---TOUGH
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Whether it is illegal in Michigan, I do not know. It is not permitted where I live.

"Tough"? Well, I sure do not want to risk losing my right to own a firearm permanently.
 
Sometimes they refuse to get out of my way & let me pass.
I open my jacket exposing my gun--they usually leave.
It may be illegal---TOUGH
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Without a justification for USING deadly force, you generally can't THREATEN deadly force, either. You may think it unlikely that this would happen, but if some panhandler asks you for money and you flash your gun at him to scare him off -- you could be charged with assault ... and you'd lose.


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Is your keyboard stuck? That's annoying!
 
Without a justification for USING deadly force, you generally can't THREATEN deadly force, either. You may think it unlikely that this would happen, but if some panhandler asks you for money and you flash your gun at him to scare him off -- you could be charged with assault ... and you'd lose.
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I agree with you Sam, but I was curious if lived in a state with open carry and I removed my jacket that was acting like a cover garment and my gun became visible could that be looked upon as brandishing? Could that same situation be considered brandishing if someone who made me feel uncomfortable (aggressive panhandler for example) was following me to my car when I removed my cover garment?

Is your keyboard stuck? That's annoying!
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lol
 
but I was curious if lived in a state with open carry and I removed my jacket that was acting like a cover garment and my gun became visible could that be looked upon as brandishing?
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In a state where OC is legal? No. Legal concealed and legal open, but the transition between the two is somehow illegal? :scrutiny:

Maybe you could step into a phone booth (...first you'd have to find a phone booth which would be tough these days...) a'la Clark Kent? :)

Could that same situation be considered brandishing if someone who made me feel uncomfortable (aggressive panhandler for example) was following me to my car when I removed my cover garment?
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That would be very tough to prove. Absent any other altercation or words between you, taking off a coat to get in a car would be perfectly reasonable. A bid different than yanking back your jacket and yelling, "You see this GUN? Etc."

Of course any his-word-against-yours situation involving threats, visual or verbal, becomes somewhat subject to an officer's interpretation -- at least as regards how an arrest might take place. ANY time there's unpleasantness, or the threat of unpleasantness, between people there are potential legal ramifications for all concerned.
 
I should think that in practical application of the law, whether the "brandishing" was done in an offensive or defensive manner would be the key. Brandishing for defense in one's home would seem to me to be more a warning than a threat.
 
Brandishing for defense in one's home would seem to me to be more a warning than a threat.
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Likely a distinction without meaning.

It all depends on the state law and court interpretations thereof. Does the law provide for the use of deadly force (or the display of a weapon) to prevent unlawful entry, or must entry have been made?

Practically speaking, it also depends on the evidence. Did the crowbar leave any marks? Is it his word against yours?

Same thing for the outdoor scenarios mentioned here. Is open carry prohibited? Is there a provision in law such as Arizona's "Defensive Display" law, and have the prescribed conditions been met? Who has more supporting witnesses?
 
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