Replies

I didn’t say I don’t understand the word. The word has legal meaning beyond the dictionary definition, i.e., federal law defines brandished as, “all or part of the weapon was displayed, or the presence of the weapon was otherwise made known to another person, in order to intimidate that person, regardless of whether the weapon was directly visible to that person. Accordingly, although the dangerous weapon does not have to be directly visible, the weapon must be present.” (18 USCS Appx § 1B1.1)

I suppose we could debate “to intimidate”, but if a stated purpose of carrying in the open is to command ‘respect’ or otherwise communicate the ability to inflict serious bodily harm or death, lawfully or otherwise, it is arguably intimidation. Even a concealed weapon can be brandished, but open display would make the ‘to intimidate’ element much easier to establish. The distinction between carrying with the intent that it be seen by the casual observer and brandishing is not a bright line.

but if a stated purpose of carrying in the open is to command ‘respect’ or otherwise communicate the ability to inflict serious bodily harm or death, lawfully or otherwise, it is arguably intimidation.

So, if you were a cop, you would arrest open carriers for brandishing, or at the very least, disorderly conduct. Amazing to state here on "Free" Republic.

The distinction between carrying with the intent that it be seen by the casual observer and brandishing is not a bright line.

Actually, it is in most states, though admittedly I don't know what communist utopia you live in. There is no "brandishing" law here in Pennsylvania, and courts have determined that merely open carrying does not meet the statutory requirements for disorderly conduct.

Now, if someone is going around with a gun on their hip shouting to people that they can or would shoot them, that's a different ball of wax, but not one we're addressing here. Besides, that's assault, not brandishing.

Every man, woman, and responsible child has an unalienable individual, civil, Constitutional, and human right to obtain, own, and carry, openly or concealed, any weapon -- rifle, shotgun, handgun, machinegun, anything -- any time, any place, without asking anyone's permission. - L. Neil Smith. The Atlanta Declaration

I don't care if you are "intimidated". It's a RIGHT.

You need to figure out what that means instead of trying to weasel your way around to supporting gun control.