Legislation addresses brandishing of guns(UT)

deseretnews.com ^ | 19 January, 2010 | Josh Smith

[marktwain]

SALT LAKE CITY — More guns may be making appearances in confrontations across Utah, adding intensity, for better or worse.

Newly proposed legislation would be a green light for concealed-gun owners to openly carry firearms and, if threatened, draw or exhibit their weapons and verbally threaten deadly force.

Depending on whom you ask, that gun-induced intensity could defuse confrontations more quickly, or it could lead to more deadly violence.

The bill's sponsor, Rep. Stephen Sandstrom, R-Orem, said HB78 clarifies existing law with "affirmative language" that would provide gun owners another option to defend themselves or others around them.

"This allows a gun owner to not have to go all the way and actually fire his gun," Sandstrom said. "This would still be the very last resort, however. It doesn't give you the right to just flash a gun at anyone who makes you mad."

The proposal officially allows Utahns to openly carry firearms and inform others that they are carrying a gun, not currently illegal, but not codified in law. The bill only applies to individuals who have concealed weapons permits, and "brandishing" a gun for anything less than self-defense will still be illegal.

[marktwain]

A poorly written article. The reason for this law is that criminals who have been thwarted in their crime often call the police and claim that the individual threatened them with a gun, thereby getting revenge on the person who prevented their predation.

[Vaquero]

The bill only applies to individuals who have concealed weapons permits, and “brandishing” a gun for anything less than self-defense will still be illegal.

believe it or not you can still get a concealed carry permit in my state, NY State...there is written into the codes, rules against brandishing a weapon in a non-threatening situation....and that makes sense....pulling a gun, or even showing it, to someone who accidentily cuts you off in traffic or who disagrees with you for one reason or another is a deadly threat and should be treated as such.

Elmer Keith, famous gun writer and inventor of the .44 magnum believed, that even cops should not pull their guns until they were ready to shoot....

[Old Teufel Hunden]

So what you are saying is that this is to prevent lawsuits and criminalizing self protection? If true, that sounds like some modified form of castle doctrine which I agree with. I did not get that impression from reading the article. I have to admit, the way the article is written, I don't agree with the law.

"As with another proposed bill, which would exempt Utah-made firearms from federal laws, Sandstrom said his bill is based on Montana gun laws."

I like this part of the law. More states taking back the 10th amendment is a good thing.

"Gun-control advocate Steven Gunn, a board member at the Gun Violence Prevention Center of Utah"

I thought this was hilarious. A guy named Gunn is a Gunn grabber...

[thethirddegree]

I agree with Elmer Keith, if you have to pull the weapon, pull the trigger.

[Mouton]

I frankly don’t agree with the if you pull it use it theory. Twice in my life, not at work, I have had to ward off a problem with a firearm. Both times the individual stopped doing what they were doing immediately. If I could avoid blowing someone away, I was happy doing that. BTW, in neither of these situations was my life in immediate danger although I could legally argue it could have been if I let the situation go further.

[PLMerite]

From the movie “Big Jake.”

John Wayne and company are riding into a rough town with a large trunk full of money, guns up and ready.

Duke: “They all know what’s in there and they all want it. What we’re doing with this ostentatious display is telling them they can’t have it. Who knows, we may be saving some poor miscreant’s life.”

[GranTorino]

If my gun leaves the holster it will most likely be used. Of course In am 6'4” 210lbs.
I can see someone smaller or older or a non-violent person having an advantage showing the weapon to avoid a confrontation, but they better still be ready to use it.