Posted on 01/26/2020 1:50:35 PM PST by rktman
It is time for Constitutionally law-abiding people to get armed and start carrying.
A well-armed, law-abiding citizenry keeps crime at bay much better than a demoralized police force who grows tired of making arrests only to see the perps be released without bail and without a judge’s ability to remand them to being held based on danger to the community or the criminal's flight risk.
Most armed citizens that use their gun for protection never even fire the weapon. The mere brandishing of it before the evildoer is usually enough to incentivize the criminal to stop his activity and to flee the scene.
(Excerpt) Read more at townhall.com ...
Brandishing is illegal.
That’s the irony of “No Gun Zones.” Criminals do not obey signs. The NRA should point this out to anti-gun people.
You're right - I thought it was called the Second Amendment.
Yes brandishing is illegal. Our writer would have been wise to say something “when responding to the potential of life threatening violence, the intended victims apparent ability and willingness to respond with deadly force frequently cause the violent criminal to lose control of bodily functions and make a wet and smelly retreat”.
In most places, yes.
“The NRA should point this out to anti-gun people.” Oh, the white supremacy group. :-)
From the article: “The mere brandishing of it before the evildoer is usually enough to incentivize the criminal to stop his activity and to flee the scene.”
I carry and would never “brandish” a weapon of any sort. Before showing my weapon I must feel as though my life or someone else’s life is endangered by another person with a weapon of some sort. All factors must be weighed, such as will pulling a gun start a gun fight in a crowed area where missed shots kill some innocent person?
I will not know what to do until it actually happens, and then that decision will be made. But what I will not do is pull a gun and “brandish” it, it’s just plain dumb.
You are making a point of logic. There’s nothing logical about anti-gunners. I’d rather talk to a fence post or a tree, their IQ’s are slightly higher than a lib’s, but at least they will not say something stupid back.
I’m sure the House of reps will get right on it./s
So some guy gets angry at you while driving. You both pull over and he gets out of his car with a tire iron.
It seems to me the best thing you can do is pull out your weapon and show him that you're armed. I think the situation would de-escalate quickly.
I can't imagine the best thing to do would be to shoot him (unless, of course, he came at you).
But you'd be guilty of brandishing.
Does anyone here have experience or knowledge about the legality of brandishing under these circumstances?
amen!
Our elite, arrogant overlords have the firepower they need. Us peasants out here getting slaughtered in D.C. Divide & Control land...not so much.
Hell is murky!—Fie, my lord, fie! A soldier, and afeard? What need we fear who knows it, when none can call our power to account? - MacBeth; Act V Scene 1; Shakespeare
What a swamp.
‘Who will protect us from our protectors?” - Mark RIP Scott; Detroit talk radio
“Does anyone here have experience or knowledge about the legality of brandishing under these circumstances?”
For Ohio......
“BRANDISHING A FIREARM…..SHOWING IT TO “SCARE” OR SHOW YOU ARE ARMED.
If you must pull your weapon, use it to deadly effect or you have already lost.
From Ohio Guide to Firearms Law by Ken Hanson, Attorney and Co-Founder of Buckeye Firearms Foundation:
Edited for brevity and clarity....
Revealing a concealed weapon and/or statements indicating the presence of a weapon.
Any deliberate action on your part that introduces lethal force into the encounter in a manner that makes the other person aware of the lethal force, IS THE USE OF LETHAL FORCE.
If you make reference to lethal force, show lethal force, hold lethal force in your hand etc., those actions are simply an alternative use of lethal force, short of pulling the trigger.
If you are in a non-lethal encounter, and have displayed lethal force, even in this round-about, alternate way, you are the one who escalated the encounter. You can not claim self defense beyond that point.
Prosecutors use other terms for brandishing weapons: attempted felonious assault.
Pulling out or stating you have a gun just to “defuse the situation” is a legal non-starter. Do not be tempted to do this. If the gun comes out of the holster, the gun owner had better be justified in immediately employing it fully.
This author understands the theory that the presence of a firearm might eliminate a confrontation. However, what if the aggressor pulls his firearm and shoots you? You just brandished your self into a body bag and the attacker maneuvered himself in a “defense of life” defense...if the prosecutor even bothers.
Removing a handgun from a holster, or uncovering or indicating its presence is a criminal act. Do not draw your gun unless you shoot someone. Shoot them instantly. If they have a chance to turn and run you are screwed.
This is an accurate assessment of Ohio law. It has withstood the test of time and appellate cases.
The Ohio Guide to Firearm Laws.
Ken Hanson, Esq.
It will vary from location to location. Sadly, I had a work friend that ‘brandished’ after being harassed by some locals where he was driving with his kids. The locals were known trouble makers but the young DA decided to go after my pal with an attempt to make a name for herself. This guy was an Eagle scout and had an awesome career but out of fear for himself and more for his kids in the car with him he pulled over and showed his weapon. Ended up arrested and charged. The DA would not relent and he eventually went to the front of the courthouse and shotgunned himself early one morning. I still am perplexed at the entire event.
One other aspect to consider when showing a weapon is even if the other is the aggressor and has a knife, bat, club, tire iron, etc....and whether he withdraws or you do....butt hurt perp will often call the cops and claim you were a crazy man brandishing a gun and he barely escaped with his life.
Whoever gets to the cops first with the best witnesses usually wins unless one party is socially favored over another.
Not on my own property it isn’t. Have done that many times chasing down trespassers.
Right! That's what I was taught, with good examples to illustrate the point.
So (at least in Ohio) you can't use your firearm to diffuse a situation, only to shoot.
I would say however a police officer would handle it is how a private citizen should handle it. Citizens should be able to protect themselves in the same way.
There is a clear difference in brandishing and at the ready. I would not trust most in municipalities to understand the difference.
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