http://www.freesearch.co.uk/dictionary/brandishing
brandish
verb {T}
to wave something in the air in a threatening or excited way:
about 3/4 way down the page here...
http://www.ag.state.mi.us/opinion/datafiles/2000s/op10176.htm
In the absence of any reported Michigan appellate court decisions defining "brandishing," it is appropriate to rely upon dictionary definitions. People v Denio, 454 Mich 691, 699; 564 NW2d 13 (1997). According to The American Heritage Dictionary, Second College Edition (1982), at p 204, the term brandishing is defined as: "1. To wave or flourish menacingly, as a weapon. 2. To display ostentatiously. –n. A menacing or defiant wave or flourish." This definition comports with the meaning ascribed to this term by courts of other jurisdictions. For example, in United States v Moerman, 233 F3d 379, 380 (CA 6, 2000), the court recognized that in federal sentencing guidelines, "brandishing" a weapon is defined to mean "that the weapon was pointed or waved about, or displayed in a threatening manner."
http://www.ci.edmonds.wa.us/Ordinances/2000/Ord3291.html
2. An assault is also an act done with an
intent to inflict bodily injury upon another, tending, but failing to accomplish it, and accompanied by the apparent present ability to inflict the bodily injury if not prevented. It is not necessary that bodily injury be inflicted.
A gun out, not pointed at a person, CANNOT shoot them. That is not assault. The second that gun is aimed, it becomes assault.
I've been gone all day plowing snow, and this took:
Results 1 - 10 of about 119,000 for definition brandishing. (0.24 seconds)
Results 1 - 10 of about 5,130,000 for definition assault. (0.20 seconds)
on Google
SNIPE off