Nebraska Drops Rhode Island. . . Puerto Rico. . . LEOSA. .. Masks. . . Brandishing/Castle Doc/SYG

[Gary Slider]

EDIT -

We have combined the “Brandishing” and “SYG/Castle Doctrine” files. The two original Files will no longer be updated if you have downloaded them. The New combined Doc will be put on the site but we haven’t decided where we are going to put it. In the Mean time you can access that Document at


https://www.handgunlaw.us/documents/STY_Castle_Brandish_Statutes.pdf


It has some additions that the two original documents do not contain. It is dated as being updated 8/1 but putting a link out to it earlier here. Again not sure where a link on the site will be pointing to this document.

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Nebraska State Patrol has removed Rhode Island from the list of states it will honor. They just say that Rhode Island requirements don’t meet their standards anymore. https://statepatrol.nebraska.gov/services/concealed-handgun-permits/nebraska-reciprocity

Puerto Rico - I have just about done all I can do with the Puerto Rico Page. Found out that the PR Admin Rules which would have a lot of details about other things in the law concerning carrying firearms will never be available in English. Seems you have to order a copy of the section you want and it cost 1$ a page. It will be in Spanish. I believe that is where you will find the Rules about the places you can’t legally carry in Puerto Rico plus if you must notify immediately etc. You have to buy them to find out if there is anything in them!!! The rules on the New gun law are 217 pages long. I would appreciate any information from anyone that is relevant to PR especially their places that are off limits etc.

For those wishing to translate more of the Admin Rules I have found Google translator https://translate.google.com/ to be OK but not near as good as DeepL Translator. https://www.deepl.com/translator DeepL is not free but lets you do so much then shuts off. So I type things in Google in Spanish and that lets me check major typing errors then copy it and paste in DeepL then copy the English and then exit the DeepL site only opening it again when I want to paste into it. Works that way for me. Time consuming but only way I can do it and get a better translation without being very proficient in Spanish. I have a tough enough time with English!!!!!

LEOSA - Things have quieted down since early this year with gun law changes. With Covid 19, Heat Wave, Medical Issues and just getting old I had more time at home to research. This also gave me time to translate 4 sections and parts of others of the PR Admin Rules. This lead me to updated many of the state pages LEOSA Sections. It has been a good while since I have spent time researching items concerning LEOSA. I have only been adding info and links to that section if they were mentioned in the Gun News.

MASKS - Illinois and DC are about the only two places we are hearing about that may be of concern. California Pen Code § 185 http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN&sectionNum=[185.]

In DC § 22–3312.03 https://code.dccouncil.us/dc/council/code/sections/22-3312.03.html

The thing is both of them state: To conceal your Identity. I think wearing a mask that most people are wearing because of the virus will not cause you any problems especially if you are not breaking any other laws. I would not wear a bandana or similar type mask like you see in the Cowboy Movies! Those are the Stage Coach/Bank Robbers!! I have read numerous stories and have seen it posted on State Official Firearm sites saying it does not affect the carrying of legal firearms. Even IL State Police are saying no problem. CCL Frequently Asked Questions at this link and see the first FAQ about Masks in IL. https://www.ispfsb.com/Public/Faq.aspx So carry away and be the very law abiding citizen you have always been and you should have no problems. If IL is saying it is OK that says a lot for the rest of America.

Brandishing/Stand Your Ground/Castle Doctrine – I have put together a couple documents that give you links to the laws concerning or could concern these topics for each state. (I most likely posted them on this board in the last few days) They are not all encompassing. Some states don’t have Brandishing, Stand Your Ground or Castle Doctrine Laws but use another law for covering things like Brandishing a Firearm. Some states in the files have a listing that not all consider relevant to the issue while others do. Not agreeing on the laws is why we have Appeal type courts! I will put the files on the site so you can access them with these links but don’t know where we are going to put access on the site to them. These links will also take you to the newest edition of the file as I will most likely be making updates to them as I get feedback. I welcome feedback on these two documents. Please send feedback to admins@handgunlaw.us Thank you and Stay Safe, Gary Slider

 

[raimius]

As always, thanks! You site is one of the most useful resources around for people wanting to carry/transport legally.

 

[langenc]

I suspect many states dont allow brandishing BUT a shirt sliding up is NOT brandishing. Lok at a dictionary defination--must be some attempt at threatening someone. Just carrying or accidential showing is NOT brandishing in MICHIGAN nor should it be anywhere.

Ruffian cops will throw out the 'disturbing the peace' when they need to make quota, even some w/ open carry.

 

[Aguila Blanca]

I suspect many states dont allow brandishing BUT a shirt sliding up is NOT brandishing. Lok at a dictionary defination--must be some attempt at threatening someone.

Not so fast.

First, not every state even uses the word "brandish" (or "brandishing") in their statutes. Some states do, but if the statute that uses the word also defines it, then that's the binding definition. The only time a standard dictionary definition would apply is if a statute uses the term but does not define it, AND the laws of that state stipulate that for words not defined in statute the dictionary definition applies.

While I agree that accidental uncovering of a concealed firearm should not be deemed to be "brandishing" (or some functional equivalent, using other words), the unfortunate reality is that I believe there are still some states where it is considered illegal.

Are you ready for some comic relief? When Gary first posted the link to his treatise on brandishing, I took a look at it. And I checked some of the references, because some of them surprised me. Guess what I found ...

I had always believed that Connecticut was one of those states that did NOT prohibit brandishing. Gary had a link to a Connecticut statute prohibiting brandishing. BUT ... the statute only prohibits brandishing replicas and BB guns; it doesn't address brandishing a real firearm at all.

It leaves you questioning the sanity of the people who write the laws.