brandishing your ccw

Here's the deal, as I see it.

You need to take a class, one that deals specifically and extensively with the deadly force laws in the jurisdictions where you live and travel regularly.

Carrying a handgun for self-defense has some serious legal repercussions. If you ever have to use it, and you do not meet all (as in every single one, to the exact letter of the law) of your State's criteria for a self-defense defense, you will spend a long, long time in prison.

Once you step beyond the boundaries of self-defense law, guess what? It's murder. Attempted murder, assuming your victim lives.

You need to know exactly where that line is, and be aware of it at all times. Because crossing it will really, really suck.

I'd rather be carried by six than convicted by 12.

Really.

If sentenced to a long prison term, I'd take my own life. Some lives aren't worth living.

--Shannon
 
The OP is wrong. There is no weapon requirement in any state that I am aware of. That simply does not make sense. What does make sense and is the law in many places, is that you have to be able to demonstrate that your adversary presented a credible threat of imminent death or great bodily harm. What that means is that statements, body language, proximity, location, time, etc. the totality of the circumstances have to point to such a threat. For at 110lb woman, a 220lb man, yelling, angry, and quickly approaching in a deserted area would meet that standard regardless of the absence of a weapon. For a 220lb man, three similarly sized men approaching, who have voiced the belief that the intended victim raped on of their wives would meet that threat, regardless of any weapon or not. In all states there is a REASONABLENESS standard.
 
How do you have a CCW if you are only 19 years old?

In Indiana you only need to be 18 to own a handgun, and have a concealed carry permit. as long as someone 21 buys me the gun in my case my girlfriend got me the gun for christmas. its also legal to do a face to face transaction with someone 18 or older in Indiana as long as the person selling the firearm in a non dealer
 
Great advice and info, thanks.

I just completed my 8 hour Permit to Carry class in MN, so I'm new, be gentle. In class there was a lot of discussion on the personal protection laws and Permit to Carry laws. They are similar, but not the same. Personal Protection Laws pertain to everyone and what legal rights they have to defend and protect themselves. Permit to Carry Laws pertain to the legal right to Carry or Carry Concealed. The use of that Concealed firearm falls under the Personal Protection Laws and also the Permit to Carry Laws.

In MN. the use of deadly force is limited. You can only use deadly force if you or someone else is in great danger of death or extreme bodily harm. The loss of property does not give you the right to use deadly force. For example, If a car jacker opens your car door, grabs you, pulls you out of your car, throws you on the ground in an attempt to steal the car, can you shoot em. NO. No death threat or danger of great bodily harm, just property and a few scratches. But, this is not a Carry law it is a Personal Protection Law.

The Carry Laws are really pretty basic here and have little to do with Personal Protection. This law gives me the right to carry and loaded handgun on my person and in my vehicle. I can not carry a weapon in any school facility, Post Office, posted building or jail house police station and the like. That's about it. To defend myself with my carry gun or an unloaded/cased hunting rifle all fall under the Personal Protection Law and not the Carry Law.
 
In NC brandishing a weapon can lead to you being charged with "assault with a deadly weapon".

Seems pretty simple to me.

I never plan on using my firearm to coerse anyone into doing anything.

My CCW is to protect my life from an imminant...
 
Tote,
I stand corrected, I thought it was fairly standard that the issue age was 21. Just seemed kind of funny to me. I like that they issue permits to 18 year olds but it makes it harder to get a carry weapon. Here in WV some 18 can also own a handgun and buy one p2p also, however the person must be 21 to get their permit.
 
i would'nt pull it unless i was darn well prepared to use it.

no sense in going to jail for an unarmed dirtbag. but if they got their hands on me or mine in my home. then all bets are off. on the streets i'll have to use my feet or hands :barf:.
 
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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These excerpts seem to to tell when it's okay to USE deadly force. IMHO showing your firearm is not covered by this. I get the impression that if the situation is bad enough to unholster the next thing you should do is pull the trigger. At least that was the message I got when I took the course required in Texas. We are not allowed to threaten anybody with a handgun, even if they are armed.

(The opinion above is my own.)
 
side note, dont ever take any advice from a cop/justice of the peace/etc of a legal matter......ive seen people follow their advice and wind up in court and losing. I myself was almost a victim of this as well. Best to do your own research and follow up with an appointment with your lawyer, cheaper in the long run by far.
 
Scotty is right. I wouldn't take advice from me since you don't know me from dick or jane. Do your own research for your own state. Wouldn't you feel silly if ever confronted about your weapon and you defense was "this one guy on the internet is a cop and he said I could do this or that."

Ben
 
Missouri law is essentially the same as California's. a citizen may not exhibit a gun in an angry or threatening manner except when using it for self defense. Doesn't mean he or she must then shoot, of course, but...

Here's a rather thought provoking excerpt from a lengthy write-up by an attorney, linked to the Arizona CCW website:

You are walking through a shopping mall with your spouse, child or date, and three young males, wearing gang "colors," are walking toward you. As the three young males walk past you, one of them bumps your shoulder. He immediately turns, flashes a gang sign, "flips you the bird," and starts yelling at you. He uses more profanity than you have ever heard before, and he directs it at you and your spouse, child or date. You ignore him and start to walk away, but he and the other two young males follow. Now, You ignore him and start to walk away, but he and the other two, young, males follow. Now, they are all yelling at you and cursing you. They walk circles around you as you walk down the mall. They dare you to "step outside," and they graphically describe how they are going to "cut" you and your spouse, child or date. No one comes forward to help, and there are no security personnel or police in view. You are carrying a loaded pistol under your jacket. One of the young males approaches within two inches of your face and screams that he is going to kill you. KEEP YOUR COOL! If you pull your gun and shoot, you will not be justified. Until you are threatened with imminent death or serious physical injury, you cannot use deadly force. Do not display your gun - that is aggravated assault. Do not tell the youths that you are armed - that gives away a tactical advantage (surprise) and may cause the situation to escalate. Even if one of the youths shoves you, keep your cool and your balance! Rather than letting the anger build, start planning "what if." Plan what you will do if one of the youths pulls a knife, if one pulls a gun, if more than one pulls knives or guns, if one produces a club, etc. ... Maximize your distance from the youths. ... Even if one of the youths shoves you, keep your cool and your balance! Rather than letting the anger build, start planning "what if." Plan what you will do if one of the youths pulls a knife, if one pulls a gun, if more than one pulls knives or guns, if one produces a club, etc. Think it through and look for tactical advantage. What escape routes are available? What cover is available? Which of the youths is closest? Keep a clear view of all three youths! Maximize your distance from the youths. ... Can you use deadly force without hitting someone else; if so, how do you need to improve your position; if not, can you move into a position where use of deadly force and risk of harm to bystanders is minimized? In short, think, plan and stay cool, but remember that mere words never justify the use of deadly force.
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The legislature voted to amend the law to give the citizen a little more leeway, but the governor--now head of homeland Security--vetoed the bill.

Goes back to--know your state laws and what they actually mean.
 
The two posts of Florida law were helpful, but didn't really address brandishing. I don't have the statutes at hand, but in my CCW class, the instructor stated that in order to draw your firearm and show it to someone, you must have the same justifications as you would need to actually shoot them. The law makes no distinction between brandishing and firing, both are assault with a deadly weapon.

Regardless of state, I would think it a good idea to not draw and brandish without the justifications needed to fire. If you don't fire, then you've at least covered your posterior, legally. If it turns out you do need to fire, then that justification had better be there.

Even if you don't need a class to get your CCW, I would take it anyway. These types of questions and legal situations are the majority of the class anyway, and will specifically pertain to your state's laws, whereas we can only tell you what our states say.
 
Even if you don't need a class to get your CCW, I would take it anyway. These types of questions and legal situations are the majority of the class anyway, and will specifically pertain to your state's laws, whereas we can only tell you what our states say.
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VERY good advice. Most CWP courses lean towards the legality of carrying and using your weapon with a little safety instruction thrown in. They assume you can, and will, go to a range to learn to shoot it accurately. Take the basic handgun safety course. Take the CWP course. It won't hurt ya and you might learn something.
 
Take the CWP course. It won't hurt ya and you might learn something.
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Great advice!

I say the same thing to people who have no intention of carrying outdoors. Often after I've corrected a misconception or two about the alleged dangers of having citizens carrying.
 
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
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Maybe you should write a book. You seem to be an expert in CC laws and you would rather people read your opinions than participate in a discussion.
 
Tote,
I stand corrected, I thought it was fairly standard that the issue age was 21. Just seemed kind of funny to me. I like that they issue permits to 18 year olds but it makes it harder to get a carry weapon. Here in WV some 18 can also own a handgun and buy one p2p also, however the person must be 21 to get their permit.
Click to expand...

This is actually the product of a strange interaction between State and Federal Law. The Indiana State Handgun Liscense law and its age requirements have been in effect since the 1930's while the federal law prohibiting dealers from selling handguns to persons under the age of 21 has only been in effect since the 1960's. So long as the handgun was obtained by means other than a dealer transaction (i.e. given as a gift, sold in a ftf transaction) it is perfectly legal for anyone over the age of 18 to own and carry it in Indiana so long as they get the proper liscense (which are now available as either four-year or lifetime). I personally obtained my LTCH at the age of 18.
 
unintended consequenses

This thread makes me think that a law which punishes a person for "brandishing" a weapon, might actually lead to more use of deadly force. This might be another example of laws which have unintended consequences.

For example, if a person could stop a confrontation short of drawing and firing his weapon by having earlier displayed the same weapon before things escalated; the use of deadly force may not have been necessary. The knowledge of the penalty for showing/brandishing a weapon might deter a law abiding citizen from acting at a lower level of force by showing ta weapon, to stop an incident before the aggressor(s) got closer and became more of a threat.
 
For example, if a person could stop a confrontation short of drawing and firing his weapon by having earlier displayed the same weapon before things escalated; the use of deadly force may not have been necessary.
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You make a good point. In some states, like SC, merely pointing the gun is "use of deadly force". The generally accepted axiom is "if you're justified in drawing it, you're justified in using it." That brings up all sorts of interesting scenarios. If you draw your weapon and the BG turns and runs, you certainly can't shoot him in the back - he's no longer a threat. If he drops his weapon and just stands there, you can't shoot then, either. Only if he continues to be a threat can you shoot. But to draw your weapon, you must be "in imminent fear of your life or grave bodily injury." If you draw and DON'T fire, were you really in that fear? If not, you drew your weapon illegally. If you DO fire after he's not a threat, you're in deep kim-chee there, too. Unfortunately, the way some of the laws are written makes a good case for drawing and immediately offing the BG no matter what. That way, only your side of the story will be told.
 
To stay alive,you must have the weapon ready when you first percieve a deadly threat.

Waiting until the bad guy is coming at you or waiting for him to draw a weapon will get you killed.

Do you want to be a murder victim?

Who will take care of your wife,your kids?

Or do you want to stand in front of a judge and explain why you shot a man you were sure was trying to kill you ?

Hesitate and die.

Act fast with good judgement and live.
 
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