Is it considered to be "Brandishing"?

I know a man who was arrested for brandishing when he left a heated conversation along his property line and returned with a firearm in his hand. He continued the conversation with his hand down by his side. No waving, no menacing, just holding it. That constituted brandishing in this state.

Open carry is also legal. That didn't cut any ice with the police or the prosecutor. He was told he was lucky nothing happened along the property line, his leaving unarmed and returning armed amounted to intent, concealed, unconcealed, whatever, it wouldn't have mattered.

He was able to plead down to a lesser misdemeanor.
 
I know a man who was arrested for brandishing when he left a heated conversation along his property line and returned with a firearm in his hand. He continued the conversation with his hand down by his side. No waving, no menacing, just holding it. That constituted brandishing in this state.
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And I can see where it was completely justified. The man is in a "heated argument." He leaves, then returns with a gun in his hand. Even though he did not wave it about or point it at the other person, he was still in an agitated state and, in effect announcing "I have a gun."
 
In some states Brandishing is prosecuted as assault or ADW.
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That is the way it is in Florida which is NOT an open carry state. Accidental printing or showing without a threat is allowable and not illegal. Show in a road rage incident and it is AWD and carries a minimum 3 years. Be careful one thing can lead to another.
 
Take this for what its worth.

When I went through my ccw class in OH, the instructor who also does classes for MI mentioned to us that accidental flashes of the gun and even printing can be considered brandishing in MI. He mentioned that only because of the 2 states reciprocity and our close location to MI, I am in Toledo right on the border.

This was back in 2008 things may have changed since.
 
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