Is it considered to be "Brandishing"?

A

AxlMyk

New member
Example:
You go to a restaurant CCW, and remove your coat or jacket before sitting down. Your weapon is on your hip. It is plainly visible.

Reading through the Michigan gun laws, the only mentions of brandishing are;
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.”

Input appreciated.
 
My opinion: If you carry concealed, it should stay concealed. If Open Carry is ok in MICHIGAN I assume you would be ok. But if open carry is no ok, you can't expose the pistol.
 
Typically you would display your weapon in a threatening manor, so no, it's accidental exposure. Don't do it again.
 
Don't ask us, ask the cop that shows up at the restaurant when someone calls it in.

Either put it in your pocket before entering the restaurant, eat with your coat on, or wear a suit coat and take off your overcoat.
 
If you're waving it around ("brandishing"), let momma you won't be finishing your meal. If it's untouched and in a visible holster, (and legally carried), enjoy dessert. If you're asked to leave, do so. That's the gist in Texas, which appears similar to Michigan.
 
If you're waving it around ("brandishing"), let momma you won't be finishing your meal. If it's untouched and in a visible holster, (and legally carried), enjoy dessert. If you're asked to leave, do so. That's the gist in Texas, which appears similar to Michigan.
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This is what I gather from reading many of the links at handgunlaw.org (I was not aware of that site. Thanks)
If a sign says no weapons, it means just that.
I'm not going to sit and have dinner with my winter coat on. And I also will not remove it in a threatening manner.
I am not a hard core CW person saying "I will never make my weapon visible". There are times when it can't be helped.
Thanks all.
 
There's an alternative to taking off a coat and revealing the belt holstered gun. Wear it in a shoulder holster under a light covering garment.

The issue is wearing a heavy overcoat that is the only garment capable of withstanding a Michigan winter. Others would suggest layering up with a variety of levels and trimming down as needed for that specific situation. I was in a upscale franchise restaurant in December with 30 degree temps and gusting winds, would you believe the only table was near the front door with NO extra set to block the wind? We wore our coats thru out the meal - I had on a AF N3B parka ( I'm 62 and we'd been in and out of flea markets walking between buildings - none were well heated.)

Keeping warm indoors is a luxury of youth but it will eventually pass and layering garments is the better choice in the long run. Enjoy what you have and can do now, but expect change. Nothing stays the same.

This week? Same conditions, but I'm more acclimated and the N3B is less used. It depends - which is why carry needs to be as versatile as the wardrobe.
 
Licensed open carry is legal in my state but not well-received in the area where I live. I have acquired a variety of light-, medium-, and heavy-weight vests that can be (and are) worn either alone or under outer jackets or winter coats, for the purpose of serving as the cover garment when the jacket or coat is removed. I've gotten in the habit of wearing one of the vests even when going where I can;t carry (such as at work) just to get people accustomed to seeing me wearing a vest.

When asked why, I tell them I need the extra pockets.
 
Does anyone know how many states even have a law addressing "brandishing" by name? Mine doesn't.

I would hope a state that criminalizes it would also define it.
 
Reading through the Michigan gun laws, the only mentions of brandishing are;
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.”
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To menace someone requires mens rea (the intention or knowledge of wrongdoing that constitutes part of a crime), so the question is "Did you knowingly and purposely perform any sort of 'threat display' at anyone? No? Then you're no more guilty of menacing than the cop that stops in for a bite to eat.
 
"Decriminalize accidental exposure and this shouldn't be a problem. I think it is in my state."

The way I read the florida statues, we are indeed, good to go. So if I show a little if my cover shirt blows open, I don't care.

1911, vertical shoulder holster.
 
Does anyone know how many states even have a law addressing "brandishing" by name? Mine doesn't.

I would hope a state that criminalizes it would also define it.
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Don't worry about what they call it.

There are two issues:

If the state requires that a firearm be concealed, showing it, even unintentionally, could be a criminal act--but many states do make it clear the incidental, unintentional exposure is okay.

If the concealed forearm is exposed intentionally for the purpose of causing someone to be concerned, to stop doing something, to do something, to stay back, to depart, and/or so on, the action would be unlawful unless it is justified. The threshold for justification varies. That open carry may be lawful would not matter.

What the crime is called also varies. Don't look for "brandishing".
 
The Statute for Brandishing usually has language such as "Rude, Angry or Threatening manner" included.

The unintentionally exposure of a concealed firearm would not meet that standard. It could have OTHER legal ramifications, depending on your location.
 
OldMarksman said:
Don't worry about what they call it.
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We have to worry about what they call it. The thread title, and the question, is specifically about what they call it: "Is it considered to be "Brandishing"?" The OP then goes on to cite the portions of the law that talk about "brandishing."
 
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