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right thing to do, or wrong..?? you call it.

Touchy issue. I wonder if simply raising the shirt to expose the weapon without clearing leather would've had the same reaction and outcome? Partial information doesn't make it easier to call. However, pulling a pistol stretches quite a bit further than making a verbal threat.
 
Mr.W. said:
Touchy issue. I wonder if simply raising the shirt to expose the weapon without clearing leather would've had the same reaction and outcome? Partial information doesn't make it easier to call. However, pulling a pistol stretches quite a bit further than making a verbal threat.
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i have to wonder to if...even the act of pulling up the shirt, exposing the gun, can be "considered" as brandishing in some jurisdictions..???
 
Must be a Michigan thing. Here in Tennessee, bumping into someone at the grocery store usually results in "Oops, excuse me! I'm sorry." and it ends there. :rolleyes:
And yes, just raising your shirt on purpose to display the fact that you are armed is considered brandishing.
 
Old_Me said:
i have to wonder to if...even the act of pulling up the shirt, exposing the gun, can be "considered" as brandishing in some jurisdictions..???
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It most certainly would be considered felony menacing in Colorado.

After watching the whole video I have a problem with the supposed victim saying that he would have slammed the guy on the floor had he not pulled out his gun.

First of all I think it's a really stupid thing to say to the Police.

Second it doesn't look like he actually tried to do anything. We don't know what was said but it doesn't look like anybody made any threatening moves until the defendant pulled out his gun.

In my general experience the DA doesn't press charges unless they're pretty sure they're going to win.
 
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Old_Me said:
i have to wonder to if...even the act of pulling up the shirt, exposing the gun, can be "considered" as brandishing in some jurisdictions..???
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Yes, in Ohio, if your CCW gun gets exposed in any manner but using it for self defense, it’s brandishing a weapon, meaning if you bend over and it’s been seen, you lift your shirt to show your carrying a gun, brandishing, now as long as it’s covered even though it may print, that’s not an issue
 
There's many things to hate about Illinois, that being said when they crafted our CCW law they made sure that you would not be hassled should your shirt or coat ride up over your firearm or be in trouble for reaching for a top shelf item causing your garment to flash your firearm.
Some truly great folks had the foresight to nip that quickly.
Once on my part a nice lady came up to me in the grocery store to tell me my shirt had gotten caught and stuck behind the grip of my pistol.😬
She smiled and said in a calm voice "I hate it when my blouse rides up" and winked at me and pointed to the area on her body she was referring to on mine. I thanked her we smiled and went about our shopping.
I can think of several different ways that could have went and am thankful she was the one who had gently reminded me.
It happens...
 
The video looks to me like a case of if the defendant had not been armed, he would likely have de-escalated instead of carrying on like he did. As far as what the victim said to police, “big talker little doer.” Like Grayfox said, the situation should have been a profuse apology and let it go at that.
 
I think he was overcharged. Felony unlawful use of a deadly weapon is not warranted. Brandishing yes. It is Michigan though so I’m guessing he will be convicted.

Personally unless the other guy pulls a weapon I’m taking my chances in a straight fistfight, but…….
 
Bassbob said:
I think he was overcharged. Felony unlawful use of a deadly weapon is not warranted. Brandishing yes. It is Michigan though so I’m guessing he will be convicted.

Personally unless the other guy pulls a weapon I’m taking my chances in a straight fistfight, but…….
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I’ll take a black eye over being in prison.
Sometimes a good ol fashioned few knocks are in order.

I have several bars we call on that are known for the “cowboys getting rowdy” each week end. Never been any gun play yet, just some good ol fashioned folks fighting over them ladies
 
KillerFord1977 said:
I’ll take a black eye over being in prison.
Sometimes a good ol fashioned few knocks are in order.

I have several bars we call on that are known for the “cowboys getting rowdy” each week end. Never been any gun play yet, just some good ol fashioned folks fighting over them ladies
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Lots of truth to the old adage “ Guns are for pu**ies”. Taken in context of course.
 
In Oklahoma, you need to be able to show that you felt there was an immediate and imminent danger. Now, w do have open carry, so your weapon accidentally getting exposed is not brandishing.
 
mveach99 said:
In Oklahoma, you need to be able to show that you felt there was an immediate and imminent danger. Now, w do have open carry, so your weapon accidentally getting exposed is not brandishing.
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What if there are no witnesses ? How can you show anything ? Here, as in most places, the onus is on the state to show you did NOT have a reasonable expectation that your life or someone else’s was in danger.
 
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