When showing your gun is/isn't brandishing

Welcome to the community @Abraham8

More training certainly equals more options. You just need to be careful which training you use in which settings. I suspect that at least some of things you were trained to do as a soldier could get you in legal trouble when acting as a civilian in a non military setting.

While some of the training I have had has come from instructors with military experience, all of it was based on civilian self defense scenarios and civilian legal restriction.

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That’s what I’m talking about. I guess if the situation is bad enough to draw, then it’s bad enough to fire. If the bad guy immediately backs off or runs, then it can be a different ending. My previous post was about government meddling with our right to defend ourselves with their chicken-dropping “brandishing” ordinances or laws. You can stop a crime in its tracks, without firing, and still end up in the can. Just more puke politics from puke government helping out the bad guys.

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Agree that the way the brandishing laws are written and enforced can cause a lot of problems. There are lots of ambiguous and subjective terms in them. In many places it seems that if you draw and the threat runs away before you can fire you are going to face more potential legal hassles than if you draw and shoot someone.

As long as there is an imminent threat when you start to draw the act of drawing should be legal regardless whether you end up firing or not. Most State laws I have looked at have some kind of exemptions for brandishing charges when you are facing serious imminent threats but it seems that many prosecutors like to ignore those exemptions and charge people anyways.

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Hello, welcome, and thank you for your service @Abraham8 :us:

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Hmmm, my brother had one of those neighbors from hell b4 he moved back to KY. Said neighbor lived just outside the neighborhood boundaries and was a jerk letting his kid ride his motorbike in his yard at all hours of the day. The neighbor kept a police scanner to listen for a car to be dispatched for the noise complaint and would have his kid off the bike by the time the police arrived. This guy lost owed some sort of obstruction business and would dump construction debris in his yard for his kid to jump over on the bike.

My brother told me this same neighbor would lift up his shirt every now and then to show he had a weapon on him. Not wanting to escalate the situation my brother would let it slide. I don’t know if I could have done that.

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@Abraham8 Welcome to the community!

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Your brother’s neighbor by lifting up his shirt to show he has a weapon is a great example of “BRANDISHING.” And is an intimidation of threat. That’s not normal behavior of law abiding responsible gun owners who conceal their firearms. Bet this dude is bad news in a way.

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Cornpop was a bad dude! :grinning:

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Yes officer, he lifted his shirt and went for his gun. I felt threatened and believed my life was in danger so I responded with deadly force.

Homey don’t play that…

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And don’t forget to call USCCA. If applicable (member).

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Welcome Kevin502.

Great and invaluable question. I think lots of excellent comments already.

This one is just so complex, touching on life, death, and legalities. Can’t say enough about education and training.

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That’s a given. Right after 911. It’s on the back of the membership card.

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That happened to a friend of mine recently. A seemingly homeless guy holding a cardboard sign walked up to my friend’s open window while he was stopped at a red light - 9:00AM in the morning. The homeless guy dropped the cardboard sign revealing a knife in his hand. My friend immediately pointed his pistol. The guy froze. My friend told the guy he had a choice to walk away, or if he wanted to proceed, then things might not go well for him. The guy decided to walk away.

The only thing I chastised my friend about was not calling 911 and reporting the incident. His wife never supported carrying because she feels uncomfortable around guns. Because of this incident she fully supports him now as she realized we do not get to pick the time nor the place.

BTW, my friend is 6’5", 275 lbs, so size does not always intimidate …

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One of my brothers friends in the neighborhood told him: fires have a strange way up popping up in the middle of the night. My brother said let’s not go there.

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Welcome to the family brother @Kevin502 and we are glad you are with us.

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Obviously the guy was being an idiot. However the mere presence of a firearm is not a crime. But purposely showing off a firearm, otherwise tucked away in a holster is advertising, and the wrong bad guy just might answer that ad. It transforms concealed carry into open carry, which amounts to “shoot me first” carry.

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I agree the mere presence of a firearm isn’t illegal. But we are discussing brandishing or showing that you have a firearm with the possible intent to use it. As Enzo commented that can be taken as a deadly threat which can bring a deadly response.

Edit: I might have read your post wrong. Apologies if I did.

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Ronald 150. Brother here’s ya A Root Beer. :beer:. I Live in Texas. And constitutionally. Carrying. That word.!! Means.!! You are open carrying. By. LAW. You have to have your EDC. Openly. CARRIED. And that’s not . BRANINISHING. That word. !!! .ITS THE LAW. To. Have your . Weapon. VISABLE. . That’s the LAW . Not . Being . STUPID. Constitutionally. CARRYING. BY .LAW. Means. You must have your . EDC.!! Visible.! I. Open carry . Because that’s the .Law.!! And I . Have never. Had. Any one. Call the . Authorities. .!! And the LAW ENFORCEMENT. Has never. Gave me any. PROBLEMS. Not EVEN ONCE.!! This has a lot to do with what part of . Country. You Live in. And . Every . One knows .Me. Love Bobby jean an Debbie ann. :chile::us::heart::white_heart::blue_heart::cherry_blossom::cherry_blossom::cherry_blossom:Back to Texas oncology…Center. For Debbie Ann’s KEMO treatment. Here in Texas even the illegal invaders. Are carrying . Openly. Seriously. Have a blessed day community here is everyone a root beer.:beer: :us:

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Johnny q60, sir thank you for your service and prayers. Sir. Debbie ann and my self sure appreciate. All you are you wife . Have done for us Love Bobby Jean and Debbie ann sir​:us:HERES YA A ROOT :beer: SIR. :heart::white_heart::blue_heart::cherry_blossom::cherry_blossom::cherry_blossom::us::100::feather::feather:

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