Understanding Brandishing
Eventually, we are all going to confront someone who is just outright irresponsible. This, however, must not prompt us to draw our concealed carry pistol prematurely. Your weapon stay in the holster until you are certain to use it for self-defense.
If you let our guard down and started letting someone know you are armed by allowing your shirt to carelessly creep up exposing your weapon or touching it where it is fitted, it can be interpreted as a threat. And…“can and will be used against you in the court of law.”
Ben Findley, a noted firearms expert, some years ago wrote comprehensive article on the definition of brandishing with respect to some states. He presented on overview of the different existing definitions to guide concealed carriers to facts about brandishing.
There are different terms for brandishing such as impropre weapon pexhibition, defensive display, unlawful display etc. All this terms can be interpreted as threatening. One can cockily say that…“it’s not a threat, it’s more like a guarantee” and the prosecution will gladly agree with you. If you’re charged with brandishing of a weapon, most states will use that to revoke your concealed carry permit.
Remember! Your firearm doesn’t grant you the authority to put the law into your hands. It assists you to exercise your right and privilege to defend your life from a lethat threat. Anything more or less of that can be equated as threatenning someoe who has not shown intent to harm you.
The Effects of Brandishing
You are in a middle a verbal battle with a stranger. The word war escalated and both of you are fuming. A delicate situation for a concealed carrier. What are your options?
A.) If you can, pacify or totally halt the verbal altercation. Regardless of if you may look like a loser or yellow to others, your obligation is to avoid conflict whenever possible. You bear arms, the other might, too. Take the initiative to be the sober one. You may be saving your life or the other’s or even both. But if the other guy won’t back down, it is allowed in many states to defend yourself accordingly after all options are exhausted. If you fail to do this you can be charged of bothh civil and criminal cases.
You can avoid jail time, but your firearm will be confiscated during the period of investigation and through all court proceedings. If you’re found guilty, all your rights to bear arm will be forfeited and you will serve jail time. You will be ordered to pay all the expenses of the entire case. Attorney’s fee, damages etc., You will be prodded to spend thousands and thousands of dollars on defense attorneys if you don’t intend to use a guilty plea.
B.) Brandishing is not an instant “win” to any altercation. Brandishing your weapon is tantamount to carelessly informing the other person that you are armed and reckless. If he is armed, you just made yourself a threat to him and to anyone that saw your irresponsible display of intimidation. Your action can be interpreted as a clear and present danger to them and they are right. if you are not responsible enough to act lawfully with your weapon, you are therefore exhibiting your ignorance and could escalate the conflict further.
Before you consider an “intimidating display,” try to put yourself both in the shoes of the person you’re dealing with and those in the near vicinity. How will you react if you saw two people arguing and one of them brandishes his gun? Would you feel threatened? Of course, you would. You will immediately understand the danger. You then judge the person doing the brandishing as an irresponsible reckless individual. Each person in the vicinity is a potential witness, which can be summoned to testify against you. You will be prosecuted to the fullest extent of the law.
In all your dealings and even confrontations be firm, but fair. Never bradish your weapon.
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