Isn’t ‘brandishing’ a firearm a crime in some places?
I guess you are just supposed to ‘whip it out’ and kill them with no warning....
That’s the Tuco rule of engagement. :)
The key is whether the "brandishing" is jusified or not. This case was all about affirming that merely showing a gun, in order to defuse a threat, is not the use of deadly force. It is the threat of deadly force.
The appeals court showed clear precedence that mere display of a deadly weapon, even pointing it at someone, is not the same as the use of deadly force.