Open Carry and Brandishing

[zulater]

I tried to search and nothing really fit the situation I have in mind and if I missed it feel free to merge/delete as I haven't been as active recently as I used to be here.

So open carry is in effect Nov 1. Classically brandishing would be shaking or waving but seems to be synonymous with threatening. So say you are out in public and get into a disagreement/discussion. At what point could something that would be non threatening without a gun (slight turn, shifting of your body weight) be construed as brandishing or threatening? Certainly if you put your hand on the grip, certainly not if you walk away. But where could the line be drawn?

This spurred by a FB discussion. If you choose to OC you'll have to remember you are openly representing the gun community and pay extra attention to your conduct (that you should already be doing if you CC).

Obviously any conclusion we come to will be meaningless until it goes through the courts but it's definitely something to keep in the front of your brain.

 

[Clay]

I think it would have to come out of the holster to be considered brandishing.
Just my opinion.

 

[rda1911]

I was taught in the left coast Police academy an act of assuming a combat posture was an articulatable reason for moving up the use of force continuim from verbal to physical force

 

[Glocktogo]

I tried to search and nothing really fit the situation I have in mind and if I missed it feel free to merge/delete as I haven't been as active recently as I used to be here.

So open carry is in effect Nov 1. Classically brandishing would be shaking or waving but seems to be synonymous with threatening. So say you are out in public and get into a disagreement/discussion. At what point could something that would be non threatening without a gun (slight turn, shifting of your body weight) be construed as brandishing or threatening? Certainly if you put your hand on the grip, certainly not if you walk away. But where could the line be drawn?

This spurred by a FB discussion. If you choose to OC you'll have to remember you are openly representing the gun community and pay extra attention to your conduct (that you should already be doing if you CC).
Obviously any conclusion we come to will be meaningless until it goes through the courts but it's definitely something to keep in the front of your brain.

 

[kd5rjz]

 

[abajaj11]

So open carry is in effect Nov 1. Classically brandishing would be shaking or waving but seems to be synonymous with threatening. So say you are out in public and get into a disagreement/discussion.

If you get into a disagreement/discussion, walk away from it. In a peacable way.

 

[NikatKimber]

I tried to search and nothing really fit the situation I have in mind and if I missed it feel free to merge/delete as I haven't been as active recently as I used to be here.

So open carry is in effect Nov 1. Classically brandishing would be shaking or waving but seems to be synonymous with threatening. So say you are out in public and get into a disagreement/discussion. At what point could something that would be non threatening without a gun (slight turn, shifting of your body weight) be construed as brandishing or threatening? Certainly if you put your hand on the grip, certainly not if you walk away. But where could the line be drawn?

This spurred by a FB discussion. If you choose to OC you'll have to remember you are openly representing the gun community and pay extra attention to your conduct (that you should already be doing if you CC).

Obviously any conclusion we come to will be meaningless until it goes through the courts but it's definitely something to keep in the front of your brain.

What he said!

 

[grwd]

they should make open brandishing legal.

 

[Werewolf]

If you get into a disagreement/discussion, walk away from it. In a peacable way.

Predators are attracted by weakness like steel is attracted to a magnet. Turn and walk away? Human predators are no different from animal predators. Good luck with turning and walking away.

If one is in a situation where the thought of using a gun to defend one's self even crosses the mind - it is way too late to exercise the hit the road option.

 

[Glocktogo]

Predators are attracted by weakness like steel is attracted to a magnet. Turn and walk away? Human predators are no different from animal predators. Good luck with turning and walking away.

If one is in a situation where the thought of using a gun to defend one's self even crosses the mind - it is way too late to exercise the hit the road option.

I don't think you got it...