I was in a situation where I suppose it could be argued by a determined lawyer that I brandished my pistol, I believe it also may have saved my life.
The OP spoke of someone trying to break into the house. Some states have a "castle doctrine" in place, but the devil is in the details. The law may provide for the use of deadly force (or the display of a weapon) to
prevent unlawful entry; the attempt at unlawful entry may have to be made "tumultuously" or with force; the entry may have may have to have been completed.
The defender should be able to produce evidence in such cases--broken glass, tool marks, whatever. I did--a couple of days later. It should also be rather clear who is the defender.
Outside, it's a different story. Who is the 'good guy' will likely be in question from the outset.
"Brandishing" may or may not be addressed in the law in a particular jurisdiction. The seriousness of the charge may vary. Where I live, the crime is one of " exhibiting" a firearm in a threatening manner. It's a felony. The term "exhibit" is not defined in the law, but the law has been upheld in court and people have been convicted of breaking it.
Usually, the more serious issue is assault.
I'm going out to the car in a parking lot. Some fellow walks up and starts with a story about needing money for baby formula. It's dark and I am alone.
I may not be comfortable, and I may properly be in Condition Orange, but I have no articulable basis for having a reasonable belief that I am in imminent danger of death or serious bodily injury. I cannot justify the use of force of any kind, or even the threat thereof.
On the other hand, if
I intentionally do
anything to give the guy reason to believe that
he is in imminent danger of harm, then it is
I who will be in trouble. I'm reasonably certain that showing a gun intentionally would pass that test.
It is when the elements of justifiable self defense materialize that one can resort to the display or use of a deadly weapon. In some states the threshold is higher than in others. Where I live, I may not do so unless I am engaged in a lawful act of self defense. Arizona, on the other hand, provides for the
defensive display of a firearm--putting one's hand on it or exposing it, etc., for example. That would
not be something to try just because a panhandler come along. That right is limited to dealing with an
aggressor who is
using or
attempting to use
unlawful or
deadly force.
We need to know the laws in our jurisdictions and in any others in which we may be carrying.
What we all need to keep in mind is that (1) the gun we carry and the records check that was current at some time in the past do not give us the automatic title of "good guy" when something happens; (2) the other guy has equal right to that title unless he has done something to clearly divest himself of it; and (3) prevailing in a defense of justification requires that some supporting evidence be provided.
No, you do not want to be injured or killed, but you do not want to be without a gun for the rest of your life should a real need later arise. Best to avoid trouble whenever you can.