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“Displaying” a firearm

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somorris

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I occasionally get e-mails from Andrew Branca, promoting his legal business. I had one today where he is planning to discuss display of a firearm and whether or not that display is an act of deadly force.

I am not a lawyer, but it seems to me displaying a firearm, especially if you are in an open carry state, should in no way be a crime. Even in a state that is not open carry. I have read “statistics” saying that a lot of crimes are stopped by a concealed carrier without ever firing a shot. When the criminal realizes he (or she) has not chosen an easy target, they often retreat. To me, that seems like a solution much preferred over having to shoot someone. Why in the world would any sane person think it was a crime to let a criminal know you are prepared to defend yourself with deadly force if necessary?

I am posting this to see if some of you folks, especially law enforcement and/or legal, can explain this. Makes no sense to me!
 
There can be a bunch of directions a scenario can take that could justify or not justify so I am suggesting a BASIC scenario. IF it’s a situation where you are legal to use force and are not the initial aggressor showing or pointing in most states should fall into a Reasonable Amount of force.

Why if you carry a firearm you should really carry OC as well. There’s a lot more situations where OC would be needed and justified/easier to explain than a firearm.

But on firearms. Why a lot of places are teaching low ready so you you can truthfully say (and most video footage should show) why no Officer/your Honor I did not point the gun at him I used reasonable deterrence to stop his aggressive actions on my person” or however you want (just don’t say that vague BS “ I was in fear of my life”)
 
By display I am assuming you are referring to what is generally termed brandishing in some areas regarding firearms.

There are several definitions of brandishing. The Webster definition is to wave an object around. The generally used definition described in Cornells law edu. refers to showing all or part of a weapon with intent to intimidate a person.

In Michigan brandishing a weapon is generally using the second definition. It is considered a misdemeanor and can be punished with jail time.

Obviously there is a degree of interpretation of intent in this.
 
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Sld1959 said:
By display I am assuming you are referring to what is generally termed brandishing in some areas regarding firearms.

There are several definitions of brandishing. The Webster definition is to wave an object around. The generally used definition described in Cornells law edu. refers to showing all or part of a weapon with intent to intimidate a person.

In Michigan brandishing a weapon is generally using the second definition. It is considered a misdemeanor and can be punished with jail time.

Obviously there is a degree of interpretation of intent in this.
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I really wasn’t thinking of “displaying” as waving a gun around (like the Missouri attorneys did) but rather letting someone know you were armed. Maybe like pulling back a cover garment to make a gun visible, or maybe even taking your gun from your holster. There is likely a lot of overlap between displaying and brandishing in this case. I personally don’t view letting someone who appears intent on doing you harm that you have a gun can be a felony or misdemeanor. I guess things can get pretty complicated.
 
KillerFord1977 said:
My rule is dont display a gun unless you are about to pull the trigger.
Stays holstered and hidden until its Go Time
(Exception to this is when I’m OWB out hunting in the woods, and then I usually have a rifle in my hands anyway)
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While your example has been quoted for several years it is antiquated.that was a real case then Dr John Lit woukd not have the data numbers he does.

Many states only criminalize “pointing” a firearm why I mentioned low ready. There is also holster ready and then bootlegger ready (having a gun I. Hand at your side much like some LEOs when approaching a car)

All are usually legal as long as you are not pointing directly or you accidentally point/sweep the person. That should only happen if legally justified to shoot. If you wait til then to have it out you are behind the curve.
 
Sadly in many areas around the country this is what we face should we find it necessary to defend ourselves. Instinct is fear-based decision making, but intuition is based on ones perception of the situation. Instinct tells you it's time to react, but intuition is the ability to understand something immediately, without the need for conscious reasoning. The problem is it's very easy to misread the clues because we are forced to react based on a feeling that may leave us in this predicament.

the-far-side-damned-if-you-do.jpg
 
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somorris said:
I really wasn’t thinking of “displaying” as waving a gun around (like the Missouri attorneys did) but rather letting someone know you were armed. Maybe like pulling back a cover garment to make a gun visible, or maybe even taking your gun from your holster. There is likely a lot of overlap between displaying and brandishing in this case. I personally don’t view letting someone who appears intent on doing you harm that you have a gun can be a felony or misdemeanor. I guess things can get pretty complicated.
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Like I said, if a state has a brandishing law as Michigan's does then you have to be careful. Just raising your shirt and showing the firearm could be considered brandishing , at least here no idea of your locale.

If a police office and prosecutor want to, you could be fighting it in court. Now you might win but it will cost you money, lots of it... and, if you lose yoy could be in for hefty fines and up to 90 days in jail here.

Just a consideration at least here.
 
Florida does not have open carry. I personally think it is a bad idea for non-uniformed personnel.

There is a Florida statute that prohibits exhibition of a weapon in "rude, careless, angry, or threatening maner not necessary for self defense". It is a misdemeanor.

http://www.leg.state.fl.us/Statutes...tute&URL=0700-0799/0790/Sections/0790.10.html

There can be a very fine line between improper exhibition and Aggravated Assault, which is a serious felony crime, and hinges on whether the vctim is placed in fear of death or great bodily harm. That can be very subjective in the eyes of LEO's and prosecutors.

My advice is, you don't pull it if you are not going to use it. Just like your specal purpose. Exhibition could very well trigger a violent armed response. Leave it hidden and know how to get it into action quickly if it comes to that.

Different states have differing statutes, know the law where you are.
 
I agree... even if you're in an open carry state, dumb idea... it's best for no one to know until you need it to defend yourself, family, or others.

I also feel the same way with teachers in our schools. Instead of knowing who is armed or not, make it simply if your licensed to carry, trained... keep it hidden till needed. (When I say licensed, I still feel a concealed carry permit should be required. Not a fan of constitutional carry, but understand it's reasoning and purpose.)

IMO
 
When I still worked at my sheriff dept, when CCW became law, there was great discussion on it, now this is no way of me saying what’s legal or not, when you ccw carry, gun has to be completely covered, if not, technically your brandishing it, now if you open carry it has to remain In open sight, can’t be covered up. Not quite sure how it plays out since Ohio has constitutional carry now about carrying open, and you accidentally concealed your gun, it could be a tricky, probably depends on the officer at said time, like I said, me saying this does not mean it’s legal or not, just my input and what was talked about when I still worked.
 
somorris said:
I really wasn’t thinking of “displaying” as waving a gun around (like the Missouri attorneys did) but rather letting someone know you were armed. Maybe like pulling back a cover garment to make a gun visible, or maybe even taking your gun from your holster. There is likely a lot of overlap between displaying and brandishing in this case. I personally don’t view letting someone who appears intent on doing you harm that you have a gun can be a felony or misdemeanor. I guess things can get pretty complicated.
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I’ve heard that if you have a weapon concealed and pull back your cover to reveal it, that can be considered brandishing - even in a state where open carry is legal. You do not have to wave a gun around to brandish it.
 
Annihilator said:
When I still worked at my sheriff dept, when CCW became law, there was great discussion on it, now this is no way of me saying what’s legal or not, when you ccw carry, gun has to be completely covered, if not, technically your brandishing it, now if you open carry it has to remain In open sight, can’t be covered up. Not quite sure how it plays out since Ohio has constitutional carry now about carrying open, and you accidentally concealed your gun, it could be a tricky, probably depends on the officer at said time, like I said, me saying this does not mean it’s legal or not, just my input and what was talked about when I still worked.
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I would say it would boil down to “incidental covering” was it an intentional act to conceal OR the person moved slightly and it was a wardrobe kind of thing?

The same Incidental” is used a lot of times to downplay any intended “wrong doing” an example someone makes a claim an LEO “touched” an inappropriate area during a search. It’s been ruled a reasonable amount of an incidental touching does not equate wrongdoing and is to be expected to occasionally happen. Obviously it’s hard to explain that away if it’s several seconds or minutes but you can sort of see where the courts actually applied common sense.

I’d say whether it was a “gotcha” on if it was a CCW on purpose would be the same way!
 
SimonRL said:
I’ve heard that if you have a weapon concealed and pull back your cover to reveal it, that can be considered brandishing - even in a state where open carry is legal. You do not have to wave a gun around to brandish it.
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In Florida momentary uncovering is not a violation provided it is not done in an angry, threatening manner. If my gun becomes visible say in a gust of wind, or when I get out of my truck, or getting up from a restaurant booth (which is getting harder and harder), for example, it is not a violation of anything. Your state may vary
 
HayesGreener said:
In Florida momentary uncovering is not a violation provided it is not done in an angry, threatening manner. If my gun becomes visible say in a gust of wind, or when I get out of my truck, or getting up from a restaurant booth (which is getting harder and harder), for example, it is not a violation of anything. Your state may vary
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I was referring to intentionally revealing your gun as a deterrent.
 
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