Printing vs Brandishing

C

CoffeedrinkerinNC

Inactive
Is there a real difference in the eyes of the law? I carry a full size gun, G20, and I know at times the gun is printing. It's not often, but it does happen. I'm more worried about the over zealous anti-gun nut calling the law, and then getting the over zealous LEO.

I know how to dress properly to keep my gun covered 99% of the time, I have been carrying a full size gun from about 1996. But as we all know, it's the 1% that can get you in trouble.
 
I'm more worried about the over zealous anti-gun nut calling the law, and then getting the over zealous LEO.
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If your state is Open Carry legal, then I would not worry about either one.

If not- better to get a more concealable gun, IMHO.

Might be a good idea, anyhow. You should not count on every criminally minded person to be an unobservant idiot ...... remember these people do this stuff for a living, sometimes.
 
It all depends on the DA,,,

It all depends on the District Attorney.

We had a DA here in Oklahoma who was very anti-2A,,,
He instructed the county sheriff office to cite any printing as brandishing.

Interestingly enough,,,
A judge shot down many of those citations.

He informed the DA's office that simply calling it brandishing doesn't make it so.

His take was that printing was a passive thing,,,
For it to be called brandishing it had to be an active thing.

Two people I know who received citations,,,
Had them thrown out when they challenged them in court.

Then the next DA was 2A friendly and he did away with that policy.

Then we got open carry so the point is now moot.

Law enforcement often makes their own definitions,,,
Based on the "because we can" principle.

Aarond

.
 
Not an expert, but I was under the impression that North Caroline was an open carry State. If so could this still be an issue in some way? In other words is open carry legal, but if you carry concealed it has to be totally concealed?
 
In FL brandishing involves using your gun in a threatening manner, quite different that simply printing or inadvertently exposing it.
 
CoffeedrinkerinNC said:
Is there a real difference in the eyes of the law?
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Whose law? We have fifty states plus the District of Columbia, and each has its own laws.

The gun laws of many states have no definition of "brandishing," and I very much doubt that any state has a legal definition for printing. To me, "brandishing" means waving a firearm around in an open, obvious, and threatening manner. However, I am aware that people have been arrested for "brandishing" for simply brushing back a cover garment to reveal a concealed firearm. (But I don't know if the charges resulted in a conviction.)
 
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Not sure how "printing" would be handled here in Arizona. Considering some of the LEO are definitely anti even though we are a "Constitutional" state and I know some of the assistant county Attorneys are rabidly anti I feel discretion is the better part of valor. I have a CCW permit and choose an S&W M60 that I carry in an IWB holster. It's small enough that I can wear it semi-openly most of the time, usually in my vehicle and when I go to a store or out to eat. it slips conveniently into my right front pocket. That way I don't freak some bliss-ninny out because. "He's got a GUN!" I do believe Arizona does have a specific brandishing law and IIRC, just moving the covering garment back to expose the weapon qualifies as brandishing. :(
Paul B.
 
Let's consider the definition of the word "brandishing:"

to wave or flourish (something, especially a weapon) as a threat or in anger or excitement.
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While different states have different laws, I can't see a situation in which a holstered gun, not in the hand, could possibly meet that definition. Inadvertent exposure can be a problem in localities that forbid open carry, but it still doesn't meet the definition.
 
Let's consider the definition of the word "brandishing:"

Quote:
to wave or flourish (something, especially a weapon) as a threat or in anger or excitement.
While different states have different laws, I can't see a situation in which a holstered gun, not in the hand, could possibly meet that definition. Inadvertent exposure can be a problem in localities that forbid open carry, but it still doesn't meet the definition.
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What about, opening your coat or cover garment, to show your "weapon" to someone, letting them know you are armed?
 
How "printing" is handled is very much state by state, or even county by county dependent.

My sister's CCW class was taught by the chief of police of a mid-size municipality here in St Louis county (this was 3-4 years ago). According to her, he told the class the "concealed carry does not mean undetectable carry". If the gun is concealed, you are within the law, even if an observer is able to guess you might by armed by the way your clothing bulges or by the way the outline of the gun become visible when you bend over... those were his words paraphrased.

A different state, different county... it could be very different interpretation.

Jim
 
What about, opening your coat or cover garment, to show your "weapon" to someone, letting them know you are armed?
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I'd call that a flourish.

noun: flourish; plural noun: flourishes
a bold or extravagant gesture or action, made especially to attract the attention of others.
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CowTowner said:
What about, opening your coat or cover garment, to show your "weapon" to someone, letting them know you are armed?
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I'd call that a flourish...
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If there was evidence that your purpose in showing your gun was to threaten or intimidate or secure compliance , a prosecutor, judge and/or jury might call it "brandishing" or "assault."
 
What about, opening your coat or cover garment, to show your "weapon" to someone, letting them know you are armed?
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I'd call that being foolish/childish/dumb idea and asking for trouble.
Try that in a traffic stop when the LEO walks up to your car door:eek:
 
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