brandishing your ccw

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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It depends on your state's laws. In Arizona, open carry is legal, and they don't say where you should keep your hands. Some other states aren't so tollerant of open carry, and it can get you arrested pretty quick.

As far as the OP's question about pulling your firearm, that's where you need to know the state laws too.

Arizona has certain stipulations for using deadly physical force, and it's pretty much the same for pulling your firearm. The law states something like "if a reasonable person would be in fear of their life or serious bodily injury, or the life of another, or serious bodily injury to another...".

But, Arizona also allows the use of physical and/or deadly physical force to the extent necessary to stop certain serious felonies in progress. Among those are arson of an occupied structure, murder, kidnapping, rape, child molestation, aggravated assault, first degree burglary, and others.

Know the laws of the state you're carrying in.

Daryl
 
Just a note from my experience in GA. The average LEO knows a lot less about carry laws than you think. We've had quite a few folks detained for open carry recently when it's perfectly legal here as long as you have a GFL.

Bottom line is know the laws - don't rely on second-hand info - even from an LEO,,,
 
If I were an LEO and someone asked me when it was ok to brandish his weapon, I'd come up with every version of "never" as an answer that I could think of. Yes, I would lie to you. My goal as an LEO is to protect EVERYONE, not just a CCW permit holder's right to bear arms. And "everyone" includes the innocent bystanders standing directly behind the guy you might have to shoot once you pull that gun or flash it. So I'd leave you thinking that if you pull your gun or show it in a threatening manner you're going to jail. That way I can be reasonably sure that you won't pull your gun unless your life really IS in danger and you basically said to yourself "I don't care if I go to jail because if I don't use my gun, I'm dead." I'd much rather have someone on a forum post how the LEO's in his area don't know anything about carry laws than some 9-yr old girl gets shot because someone with a gun panicked and thought I said it was OK to shoot people over a Walmart parking space if they felt threatened. That's all I'd need. "But your honor, officer Jones explained carry laws to me as well as brandishing laws." Now Officer Jones is on paid suspension pending investigation. No thanks.

Now that's all IF I were an LEO. As a fellow civilian I say just know the laws in your state and be smart. And I'm sure that if you need some interpretation of those laws, you can find help at a place like http://www.gunlaw.com or http://handgunlaw.us/ or even the NRA website or forums.

And remember, you can get locked up for a day or two before you're arraigned on brandishing charges. Even if it all works out to your favor...why go through that?

Dan
 
California is little different than other states in this regard.

417. (a) (1) Every person who, except in self-defense, in the presence of any other person, draws or exhibits any deadly weapon whatsoever, other than a firearm, in a rude, angry, or threatening manner, or who in any manner, unlawfully uses a deadly weapon other than a firearm in any fight or quarrel is guilty of a misdemeanor, punishable by imprisonment in a county jail for not less than 30 days.
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(other subsections deal with specifics of firearm use, locations, etc.)

"Exhibiting" your firearm would include pulling back your jacket to reveal your weapon during any kind of confrontation or argument; reaching for and placing your hand on your gun; unholstering the gun even if placed down by your leg or behind your thigh, etc.

in other words, keep it in your cotton pickin' holster until you need to use it.

Against an unarmed attacker, disparity of force comes into play. A man who is 6'1" and 200 lbs can rarely show justification for using a weapon against a 5'2" 110 pound woman. Conversely, that same woman can more easily justify using a weapon against a larger man.

Likewise, a single person facing two or more unarmed men who are issuing threats of violence and approaching with the apparent intent to do great bodily injury may be able to justify self-defense (depending on the state).
 
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Brandishing, seems to be a term for showing off your gun and not in a manner of self defense.

Drawing your weapon in self defense is NOT brandishing, however self defense is subjective and circumstantial. Did you feel threatened? Could you get away safely (via vehicle or public building)? Did you ask the person to "stop"? Did they make eye contact? Making sure they knew YOU feel threatened? Make sure they know you dont want them to invade your space. Etc.

No one knows how they are going to act, you just have to do the best you can in that sort of situation. Just don't jump to conclusions and make too many assumptions. Avoidance is always the best route.

All I know, up to 21 feet, I want to make sure I communicate my feelings and intent, out loud, as much as I can. AND be the first to call 911 even if they turn tail and run.
 
Every state has different wording in their laws.

Every judge and DA has a different opinion of what those words actually mean.

Every state has prior cases that create a legal precedence that establish how laws have been interperated before.

Every state has at least a few cops who don't know jack about the law. What a cop tells you is not a legal opinion and they are allowed to lie to you for various reasons.

Your mileage WILL vary.
 
Brandishing is a serious offense in most states, so you better be in real danger before drawing a firearm.
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Sometimes you're in more trouble if you draw and don't shoot than if you draw and shoot.
 
Every state has different wording in their laws.

Every judge and DA has a different opinion of what those words actually mean.

Every state has prior cases that create a legal precedence that establish how laws have been interperated before.

Every state has at least a few cops who don't know jack about the law. What a cop tells you is not a legal opinion and they are allowed to lie to you for various reasons.

Your mileage WILL vary.
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Great post. Even if two states have identically-written statutes in this area, they may have been interpreted in vastly different ways by the state trial and appellate courts - and it's these established precedents that will carry the most weight in determining whether you will be charged with a crime and, if charged, whether you'll be found guilty.

The ONLY person who can really give you specific advice in this area is an attorney licensed to practice in your state, with specific experience in this area of the law. Everyone else is just speculating.
 
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http://www.in.gov/legislative/ic/code/title35/ar41/ch3.html

Indiana Code 35-41-3-1

Sec. 2. (a) A person is justified in using reasonable force against another person to protect the person or a third person from what the person reasonably believes to be the imminent use of unlawful force. However, a person:
(1) is justified in using deadly force; and
(2) does not have a duty to retreat;
if the person reasonably believes that that force is necessary to prevent serious bodily injury to the person or a third person or the commission of a forcible felony. No person in this state shall be placed in legal jeopardy of any kind whatsoever for protecting the person or a third person by reasonable means necessary.
(b) A person:
(1) is justified in using reasonable force, including deadly force, against another person; and
(2) does not have a duty to retreat;
if the person reasonably believes that the force is necessary to prevent or terminate the other person's unlawful entry of or attack on the person's dwelling, curtilage, or occupied motor vehicle.
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The way I read this, you must be in fear for you life or in fear of bodily harm. There is no requirement that states your attacker must show a weapon first.
 
The way I see it is, I assume using or threatening lethal force will get me thrown in jail and put in front of a judge to defend myself. If I truly think my life is in danger then I will do what I must and if I don't go to jail, than that is just a bonus on top of keeping my life.

Even if you are found innocent your legal bill can get into the 5 or 6 figure range quickly. Avoiding situations where you need to make these tough decisions is the best policy.
 
1. Start here: http://www.handgunlaw.us/
2. Find competent instructor that teaches permit training
3. Understand that there are ALOT of cops that really don't know the carry laws.
4. Look for carry forums online for your specific state. Ask questions.
5. REMEMBER INTERNET ADVICE IS WORTH WHAT YOU PAY FOR IT!
Very often a trueism.

Be safe, CraigJS
 
NGIB
The law in GA actually states that you CAN carry openly WITHOUT a permit. You only need a permit if you plan to carry concealed. I'm guessing that's what you meant. Sadly, there ARE too many cops who don't know the Ga Carry laws and have to be explained them by more veteran or knowledgeable officers. There are a few of us left. Most people don't want to carry openly because it sure draws a lot of attention to yourself bog by concerned citizens and uninformed police. f. The people who are open with the cops about their weapons aren't typically the ones you need to worry about.
Check out 16-11-126a. That is how I interpret that code section. I may question that person seeing that it IS considered suspicious activity. But that doesn't mean its illegal.
That being said, its not like we would say that walking into a mall or down peachtree with a rifle would be ignored. We make our decision just anybody else : based on what is a reasonable threat. Sure, it may be legal, but why would anybody need to? There aren't any ranges. Hmmm
 
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Tote,
In my state, WV, and several others I have looked at, the law does not say if "a" then "b." The person does not always have to present a weapon. As previous posters stated, it is all about whether or not you can prove that you "felt" a threat of imminent bodily harm or death. In regards to carry laws there is a lot of grey area and room for jury interpretation and opinion. Here's a good post where the CCW holder did not have to see a weapon.

http://www.thefiringline.com/forums/showthread.php?t=331124

Hope this in not redundant.
 
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