Question Regarding "Brandishing" in CT General Statutes

I just had a conversation with a friend who is going to be taking the NRA safety course so that he can begin getting his CT pistol permit. He then raised a point with me that, he would never open carry (which I respect and I chose not to from time to time). But he did raise a point that alarmed me, and wanted to get your thoughts on this... He advised me that even though the law may not say it's illegal to open carry, that someone may raise a complain you are brandishing. Say strictrly for examples sake, you walk by someon in the supermarket while OCing and you make eye contact with this stranger and as you turn toward them, they see your firearm on your hip. They may feel threatened that you looked at them in a "threatening way" simply because they felt uncomfortable around you.


The actual statutes say:

Sec. 53-206c. Sale, carrying and brandishing of facsimile firearms prohibited. Class B misdemeanor. (a) For the purposes of this section:

(1) "Facsimile of a firearm" means (A) any nonfunctional imitation of an original firearm which was manufactured, designed and produced since 1898, or (B) any nonfunctional representation of a firearm other than an imitation of an original firearm, provided such representation could reasonably be perceived to be a real firearm. Such term does not include any look-a-like, nonfiring, collector replica of an antique firearm developed prior to 1898, or traditional BB. or pellet-firing air gun that expels a metallic or paint-contained projectile through the force of air pressure.

(2) "Firearm" means firearm as defined in section 53a-3.

(b) No person shall give, offer for sale or sell any facsimile of a firearm. The provisions of this subsection shall not apply to any facsimile of a firearm, which, because of its distinct color, exaggerated size or other design feature, cannot reasonably be perceived to be a real firearm.

(c) Except in self defense, no person shall carry, draw, exhibit or brandish a facsimile of a firearm or simulate a firearm in a threatening manner, with intent to frighten, vex or harass another person.

(d) No person shall draw, exhibit or brandish a facsimile of a firearm or simulate a firearm in the presence of a peace officer, firefighter, emergency medical technician or paramedic engaged in the performance of his duties knowing or having reason to know that such peace officer, firefighter, emergency medical technician or paramedic is engaged in the performance of his duties, with intent to impede such person in the performance of such duties.

(e) Any person who violates any provision of this section shall be guilty of a class B misdemeanor.

(P.A. 88-237.)


Now - I understand that brandishing may imply you are drawing, or waving your firearm around. But, what's to say that brandishing may not be taken simply as "showing" your firearm. How do you all take this? Then another friend of mine who is also a permit holder said he saw something on the news recently (which I haven't heard or seen anything) about how people are starting to get cracked down on for OCing and getting hit with other charges (breach of piece, etc...). To this I say "BS". But, is it possible that LEO are working backwards again and bc of the Newtown incident are working like CT used to be years ago?

Tactical_Evo said:

Sec. 53-206c. Sale, carrying and brandishing of facsimile firearms prohibited. Class B misdemeanor. (a) For the purposes of this section:

(1) "Facsimile of a firearm" means (A) any nonfunctional imitation of an original firearm which was manufactured, designed and produced since 1898, or (B) any nonfunctional representation of a firearm other than an imitation of an original firearm, provided such representation could reasonably be perceived to be a real firearm. Such term does not include any look-a-like, nonfiring, collector replica of an antique firearm developed prior to 1898, or traditional BB. or pellet-firing air gun that expels a metallic or paint-contained projectile through the force of air pressure.


(c) Except in self defense, no person shall carry, draw, exhibit or brandish a facsimile of a firearm or simulate a firearm in a threatening manner, with intent to frighten, vex or harass another person.

(d) No person shall draw, exhibit or brandish a facsimile of a firearm or simulate a firearm in the presence of a peace officer, firefighter, emergency medical technician or paramedic engaged in the performance of his duties knowing or having reason to know that such peace officer, firefighter, emergency medical technician or paramedic is engaged in the performance of his duties, with intent to impede such person in the performance of such duties.

(e) Any person who violates any provision of this section shall be guilty of a class B misdemeanor.

(P.A. 88-237.)

Click to expand...

CT has no brandishing law for real firearms....only facsimile...thus no brandishing charge can be brought for a holstered firearm that is not fake....

ETA: No one is being charged with BOP for simply carrying a holstered firearm, there were plenty of people open carrying at the rally on Saturday, the courts have dismissed any charges over the last few years and made it quite clear that you cannot be charged with BOP for simply carrying an exposed handgun. The BoFPE has also reinforced this.

Why is this statute relevant to you or your friend when it clearly has to do with facsimile firearms?

Also, saying that open carrying is 'brandishing' shows a startling misunderstanding of the definition of the word 'brandish'.

bran·dish
/ˈbrandiSH/
Verb
Wave or flourish (something, esp. a weapon) as a threat or in anger or excitement.
Synonyms
wave - flourish - swing - shake - sway

Click to expand...

Time to educate your friend so he stops spreading misinformation: http://ctcarry.com/Permits/Unconcealed

google scholar or to the courthouse for further understanding ...

Giving a dictionary definition of the word may have little correlation to the all important legal defition.

In Virginia law brandishing is handling which induces fear (regardless of whether it was done as a threat or in anger).

In Connecticut it is handling or exhibiting a facsimile of a firearm with intent to frighten (the intent or emotion of the brandisher taking precedence over the emotional response of the victim).

Neither strictly match the dictionary definition cited, whch could be misleading the questioner.

Riverdance said:

Giving a dictionary definition of the word may have little correlation to the all important legal defition.

In Virginia law brandishing is handling which induces fear (regardless of whether it was done as a threat or in anger).

In Connecticut it is handling or exhibiting a facsimile of a firearm with intent to frighten (the intent or emotion of the brandisher taking precedence over the emotional response of the victim).

Neither strictly match the dictionary definition cited, whch could be misleading the questioner.

Click to expand...

uh-oh, another intelligent gun owner. better be careful, bamalama might send his chronies after ya lol

Riverdance said:

Giving a dictionary definition of the word may have little correlation to the all important legal defition.

In Virginia law brandishing is handling which induces fear (regardless of whether it was done as a threat or in anger).

In Connecticut it is handling or exhibiting a facsimile of a firearm with intent to frighten (the intent or emotion of the brandisher taking precedence over the emotional response of the victim).

Neither strictly match the dictionary definition cited, whch could be misleading the questioner.

Click to expand...

There is no definition for brandishing a firearm in Connecticut which is the point of my post. And also the fact that in none of the above definitions is a firearm in a holster 'brandishing'.