brandishing your ccw

T

tote'n a roscoe

Moderator
i just found this out yesterday, but in order for you to reveal you ccw to a potential threat they must first come at you with a weapon, regardless of how close they are to you or something like that
 
First of all - know the laws in your state.

Brandishing is a serious offense in most states, so you better be in real danger before drawing a firearm. If you can't show that you were, you could be in bigger trouble than the would-be unarmed perp.
 
In Oregon, one must attend a 4 hour class on CCW laws, do's and don't's, etc., and another 4 hour class on proper handling of CCW's.

Only then can a permit be issued to a qualified candidate.

The 4 hours in class are probably the most important part of the certifying process.
 
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Oops! Terribly sorry tote. Didn't realize we were arguing. So no confirming or dissenting posts should be added after your initial statement?
 
i wouldnt mind taking a class. im from indiana where u apply for one you get one, a ccp that is. no class and not a whole lot of requirements.
 
Living in Oregon I've had my permit for many years. I know many people who've applied for and received their permits. There are basically two types of classes. Those which cover a lot of information regarding gun safety, conceal carry laws and have live fire exercises. There are other classes which I know for a fact many people have taken where you sit around and talk about guns with an instructor who can sign off on the required paperwork. These classes do not have live fire exercises. There are many people who have their permits and may have fired their weapons, but not in conjunction with the required class. There is no specific requirement that a four hour class be devoted to conceal carry law.
 
i just need to FEEL threatened, a 300lb guy coming at me is enough of a threat for me to protect my my self.
same with a gang of 3 -4 guys.

i dont need to see a weapon, i just need to feel a threat!
 
In Florida this is the law:

776.012 Use of force in defense of person.--A person is justified in using force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to defend himself or herself or another against the other's imminent use of unlawful force. However, a person is justified in the use of deadly force and does not have a duty to retreat if:

(1) He or she reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or herself or another or to prevent the imminent commission of a forcible felony; or

(2) Under those circumstances permitted pursuant to s. 776.013.
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Doesn't say anything about the bad guy having to use a weapon. However, Assault without a dealy weapon involved is a misdemeanor in Florida, so the law implies the use of a weapon. It would be a battle of lawyers to determine if the size of a person or the number of assailants involved constitutes a justifiable fear of death or great bodily harm.

FYI 776.013 is all about defending your home/residence against unlawful entry a.k.a. the Castle Doctrine

And for clarification regarding Item (1) above:

776.08 Forcible felony.--"Forcible felony" means treason; murder; manslaughter; sexual battery; carjacking; home-invasion robbery; robbery; burglary; arson; kidnapping; aggravated assault; aggravated battery; aggravated stalking; aircraft piracy; unlawful throwing, placing, or discharging of a destructive device or bomb; and any other felony which involves the use or threat of physical force or violence against any individual.
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Aggravated Assault and Aggravated Battery are felonies because they require the use of a deadly weapon. Robbery on the other hand is a felony even without the use of a weapon of any kind, so if an unarmed guy jumps me I can't shoot him, but if he says "gimme your money", he's legally worm food.

Ah the confusing world of criminal law. To stay safe, carry a good can of mace or a stun gun. That way if the bad guy is not using a weapon you can still take him out.

Dan
 
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Indiana did enact a no retreat law in 2008, but I believe that is if you are in your house, and the BG is also in your house.


Tot I seriously suggest you read the Indiana laws before you carry again.
 
yea that was made pretty clear when i recieved my ccp, i was questioning the no retreat act
i questioned it because you mentioned something about being in your house. because im pretty up to date on the carry laws.
 
I am not sure it is ever a good idea to reveal/brandish your CCW. It can be construed as the threat of deadly force and get you shot. And that will ruin your whole week.

I generally do a really good job of minding my own business. Especially when I am CCW. If someone "brandishes" a weapon at me or mine, they will probably get shot. Otherwise they will never know I was CCW. I will really try to stay out of harms way or defuse the situation. But, having said that, survival in a deadly force situation will most likely go to the one who decides to shoot first. And someone who is brandishing has not decided to shoot yet... In my (not so) humble opinion.
 
Here's the law regarding protecting your home or car (a.k.a. The Castle Doctrine) in Florida - The GunShine State:

776.013 Home protection; use of deadly force; presumption of fear of death or great bodily harm.--

(1) A person is presumed to have held a reasonable fear of imminent peril of death or great bodily harm to himself or herself or another when using defensive force that is intended or likely to cause death or great bodily harm to another if:

(a) The person against whom the defensive force was used was in the process of unlawfully and forcefully entering, or had unlawfully and forcibly entered, a dwelling, residence, or occupied vehicle, or if that person had removed or was attempting to remove another against that person's will from the dwelling, residence, or occupied vehicle; and

(b) The person who uses defensive force knew or had reason to believe that an unlawful and forcible entry or unlawful and forcible act was occurring or had occurred.
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In your home, the law presumes you are in the right and justifiably feared for your life or your family's lives. You don't have to prove or explain it, they assume it to be true.

The bolded sections in (a) show this applies to carjackings and the bolded sections in (b) show that you can blast them when they're getting away.

Now, I don't think I'd do that. Just get a plate number and call 911. The crime is done and there's no sense shooting someone over stolen property. And remember, even if you're right to shoot, it doesn't mean the victim or their family can't sue you in court.

Shooting anyone is at the very least an expensive proposition. Lawyers ain't cheap.

Dan
 
maby i should have wrote revealing your ccw when threatened for my title, everyone has got the idea. by brandishing i did not mean deholstering it and waving it like a flag
 
Brandishing can mean lots of things:

790.10 Improper exhibition of dangerous weapons or firearms.--If any person having or carrying any dirk, sword, sword cane, firearm, electric weapon or device, or other weapon shall, in the presence of one or more persons, exhibit the same in a rude, careless, angry, or threatening manner, not in necessary self-defense, the person so offending shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
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What does "exhibit" mean? If you flip your jacket back to reveal your IWB holster at 3 o'clock and hold your hand near the grips, Are you "exhibiting" your firearm? I'm not sure, but you're probably going to scare a bunch of people. Be prepared for that.

Dan
 
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