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To: Spok
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.

68 posted on 04/29/2010 12:15:15 PM PDT by Dan Nunn (Some of us are wise, some of us are otherwise. -The Great One)
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To: Dan Nunn

“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.”

I was a cop, and I had discretion, but there was no crime for ‘brandishing’. Open carry IS illegal in some jurisdictions. And which disorderly conduct statute/ordinance are you citing? They vary vastly even within a state, as the municipal versions are often different. The law I cited was federal. And assault statutes/ordinances vary as well, but generally require imminence, intent and apparent ability, if that’s what you mean.


71 posted on 04/29/2010 12:29:55 PM PDT by Spok (Free Range Republican)
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