I was discussing open carry with someone at a police supply store in Lawton today and question came up that I thought was interesting....
Here is a hypothetical scenerio.... Open Carry is passed and it is legal to show your firearm in public... but you are carrying fully concealed. Now suppose your confronted in a Walmart parking lot [or some place else] by a punk or even a couple of punks that is giving you mouth.. threatening to kick you A$$. If you sweep back your shirt or vest and simply show that you are wearing a weapon... not verbally pointing it out or making any kind of threat, not even touching the weapon.. just showing your weapon as if you were legally open carrying.... would that be considered brandishing a weapon?
I said I thought that would be considered brandishing.. because it could be interpreted that you only showed it for the purpose of intimidation.. others disagree.... what do you think?
It would really depend on the responding cop and whether or not the other punks really were punks/thugs. Technically, it would be brandishing but it can go either way. It's a dumb thing to do in most situations, because by "brandishing" you are now threatening their lives and they arguably they now have the right to use lethal force against you. It doesn't really matter that they were mouthing off to you. The only time I would do such a thing is if you are near 100% sure their motive and intent is to do physical and life threatening harm to you, but they have not yet performed any actions physically to you. Instead they are stalking you and closing the distance between you and them, ect. If the situation is dire and the chance of you avoiding the situation is zero and actually drawing your weapon would still lead to you or others being physically harmed in the gunfight, then I would do a poker play and brandish...