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What is brandishing and when can it be used?

In Florida law brandishing is not in the language, it is improper exhibition, and pertains to all manner of weapons. FS 790.
10 in part, "in the presence of one or more persons, exhibit the same in a rude, careless, angry, or threatening manner, not in necessary self-defense, the person so offending shall be guilty of a misdemeanor of the first degree". It is a fine line to Aggravated Assault, a felony. As a wise man once said, your weapon is like your penis, keep it covered in public and it won't get you in trouble.
 
I often read these "armed citizens " reports. Lately, been reading about guns saving lives. It's often reported that simply brandishing was all it took to scare off intruder/offender. I'm sitting here in the people's republic of Illinois saying, "I can't do that, that's aggravated assault, iirc." Here, it's don't pull it out unless you are preventing death or harm to yourself or someone else, or are stopping someone in the act of a forcible felony.
I always understood that to be the same as, "if you draw, better be justified in the follow up. "
 
Funwithfuel said:
I often read these "armed citizens " reports. Lately, been reading about guns saving lives. It's often reported that simply brandishing was all it took to scare off intruder/offender. I'm sitting here in the people's republic of Illinois saying, "I can't do that, that's aggravated assault, iirc." Here, it's don't pull it out unless you are preventing death or harm to yourself or someone else, or are stopping someone in the act of a forcible felony.
I always understood that to be the same as, "if you draw, better be justified in the follow up. "
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A criminal defense attorney who I know and respect says simply, if you are not going to use it, don't pull it. The gun is your last, ultimate resort. Once you draw it you are at the final option on the use of force continuum. It may or may not deter an aggressor. If you are not justified in shooting and the conflict continues and you have your gun in your hand, now what do you do?

For training purposes, I say I am unlikely to draw. Premature presentation of the gun can have disastrous consequences. I am not drawing unless I am justified in using it, so if you see me draw it, cover your ears. This is where getting the gun out and on target quickly is important, and that is why training is so important. You need confidence that you can get it done. I end every training session with CQB drills from holster at 3 yards and less.
 
HayesGreener said:
A criminal defense attorney who I know and respect says simply, if you are not going to use it, don't pull it. The gun is your last, ultimate resort. Once you draw it you are at the final option on the use of force continuum. It may or may not deter an aggressor. If you are not justified in shooting and the conflict continues and you have your gun in your hand, now what do you do?

For training purposes, I say I am unlikely to draw. Premature presentation of the gun can have disastrous consequences. I am not drawing unless I am justified in using it, so if you see me draw it, cover your ears. This is where getting the gun out and on target quickly is important, and that is why training is so important. You need confidence that you can get it done. I end every training session with CQB drills from holster at 3 yards and less.
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Nice training session. A lot of people have no clue how fast three yards can be covered by an aggressor. If they are moving in my direction that's where I would resort to my Black thorn walking stick and Irish stick fighting training. Started carrying a cane with hip replacement and just continued afterwards took training and in some situations it much faster to bring to the table. Also, even in firearm restricted areas I do have something.
 
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HayesGreener said:
A criminal defense attorney who I know and respect says simply, if you are not going to use it, don't pull it. The gun is your last, ultimate resort. Once you draw it you are at the final option on the use of force continuum. It may or may not deter an aggressor. If you are not justified in shooting and the conflict continues and you have your gun in your hand, now what do you do?

For training purposes, I say I am unlikely to draw. Premature presentation of the gun can have disastrous consequences. I am not drawing unless I am justified in using it, so if you see me draw it, cover your ears. This is where getting the gun out and on target quickly is important, and that is why training is so important. You need confidence that you can get it done. I end every training session with CQB drills from holster at 3 yards and less.
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I was taught this from a very early age. Besides the 4 basic gun safety rules, my dad’s law was never pull a gun unless you’re going to use it and never use a gun unless you’re willing to kill or destroy something.
 
Equalizer said:
IF, its coming out, it's going off.
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