Results 1 to 24 of 24

Thread: Does taking my coat off amount to brandishing?

  1. #1
    Regular Member independence's Avatar
    Join Date
    Jul 2013
    Location
    Tennessee
    Posts
    339

    Question Does taking my coat off amount to brandishing?

    Got a winter time question for you...Say I am at a restaurant with a coat over my carry piece and get hot so I decide to remove the coat...Does removing my coat amount to brandishing?

  2. #2
    Regular Member Fallschirmjäger's Avatar
    Join Date
    Sep 2007
    Location
    Georgia, USA
    Posts
    3,915
    You changed from concealed carry to open carry, right?

    Did you touch the weapon with the intent to menace?
    Did you point it an anyone deliberately?
    Were you involved in a "social situation" at the time and attempting to intimidate them?

  3. #3
    Regular Member independence's Avatar
    Join Date
    Jul 2013
    Location
    Tennessee
    Posts
    339
    Quote Originally Posted by Fallschirmjäger View Post
    You changed from concealed carry to open carry, right?

    Did you touch the weapon with the intent to menace?
    Did you point it an anyone deliberately?
    Were you involved in a "social situation" at the time and attempting to intimidate them?
    Good points! Yes, I am referring to changing from CC to OC. Has anyone ever had experiences with this like taking your coat off and having people freak out?

  4. #4
    Regular Member
    Join Date
    Sep 2009
    Location
    Slidell, Louisiana
    Posts
    2,464
    Do an online search and find a copy of the Tennessee Statutes. Search them for Tennessee's definition of "brandishing".

  5. #5
    Campaign Veteran MAC702's Avatar
    Join Date
    Jul 2011
    Location
    Nevada
    Posts
    6,520
    Not in any state of which I am aware, as long as open carry is permitted in that state (TX and FL being notable no-OC normally).

    If a restaurant is likely to kick you out for OC, conceal when you go in. When mostly through, take off the coat. If they kick you out, hey, free dinner (leave a nice tip if it wasn't the wait staff's fault), and they REALLY learn that "no guns = no money." Or better yet, they really learn that the guy with the gun was a great customer and that they won't have a problem with him when he comes back without the coat.
    Last edited by MAC702; 10-21-2013 at 04:10 PM.
    "It's not important how many people I've killed. What's important is how I get along with the people who are still alive" - Jimmy the Tulip

  6. #6
    Regular Member
    Join Date
    Feb 2013
    Location
    Thru Death's Door in Wisconsin
    Posts
    13,163
    I did a quick search on "Tennessee" and "brandish" and guess who popped up? Leonard Embody's appeal.
    I am responsible for my writing, not your understanding of it.

  7. #7
    Banned
    Join Date
    Jan 2012
    Location
    earth's crust
    Posts
    17,838
    How can it be .. he would be on private property ... what about private property rights? huh? well?

  8. #8
    Banned
    Join Date
    Jan 2010
    Location
    Fairborn, Ohio, USA
    Posts
    13,063
    Is that troll THAT obtuse? Yeah, I guess it is.

    Bank robbery is a crime, even though it just about has to happen on private property. Whether or not the venue is private property does not necessarily render an act not a crime. This ain't a private property issue. Oh, and, the property rights belong to the owner, not to his guests.

    Jeez, how dense can one thing be?

    To the OP: As someone pointed out, check TN's statutes on brandishing. It shouldn't be a crime, but other acts that should not be a crime are defined into being one.

  9. #9
    Regular Member Kopis's Avatar
    Join Date
    Jun 2013
    Location
    Nashville, TN
    Posts
    727
    TN is an open carry state. I live in AR just across the river and we cant even print without LEOs flipping. I like that some states like FL allow for temporary display at least if you are reaching on a shelf, changing a tire, etc. In AR they'll get you for that. obviously, full OC is preferred.

  10. #10
    Regular Member independence's Avatar
    Join Date
    Jul 2013
    Location
    Tennessee
    Posts
    339
    Quote Originally Posted by Kopis View Post
    TN is an open carry state. I live in AR just across the river and we cant even print without LEOs flipping. I like that some states like FL allow for temporary display at least if you are reaching on a shelf, changing a tire, etc. In AR they'll get you for that. obviously, full OC is preferred.
    Yeah, I know we are an open carry state. The question pertains to going from CC to OC and whether that counts as brandishing.

  11. #11
    Banned
    Join Date
    Jan 2012
    Location
    earth's crust
    Posts
    17,838
    Quote Originally Posted by eye95 View Post
    Is that troll THAT obtuse? Yeah, I guess it is.

    Bank robbery is a crime, even though it just about has to happen on private property. Whether or not the venue is private property does not necessarily render an act not a crime. This ain't a private property issue. Oh, and, the property rights belong to the owner, not to his guests.

    Jeez, how dense can one thing be?

    To the OP: As someone pointed out, check TN's statutes on brandishing. It shouldn't be a crime, but other acts that should not be a crime are defined into being one.
    Bank robbery INJURES people. See? You have fallen into the trap of the antis ....

    The OP never said that the owners don't want guns ... you assume it because you think guns are bad.

    Your anti-ness has been exposed.

    And your precious private property right arguments have been shown to be majorly flawed.

    Moving on !

  12. #12
    Banned
    Join Date
    Jan 2010
    Location
    Fairborn, Ohio, USA
    Posts
    13,063
    Yep. It is THAT obtuse!
    Last edited by eye95; 10-21-2013 at 06:55 PM.

  13. #13
    Regular Member Fallschirmjäger's Avatar
    Join Date
    Sep 2007
    Location
    Georgia, USA
    Posts
    3,915
    Quote Originally Posted by Kopis View Post
    TN is an open carry state. I live in AR just across the river and we cant even print without LEOs flipping. I like that some states like FL allow for temporary display at least if you are reaching on a shelf, changing a tire, etc. In AR they'll get you for that. obviously, full OC is preferred.
    You piqued my curiosity, what is the applicable Arkansas code or statute concerning OC/CC/printing?
    I have to go there in a month or so to attend a function.

  14. #14
    Campaign Veteran marshaul's Avatar
    Join Date
    Aug 2007
    Location
    Fairfax County, Virginia
    Posts
    11,487
    This entire forum is antis. Except DMB. And WW.

  15. #15
    Regular Member
    Join Date
    Aug 2010
    Location
    Mississippi/Tennessee
    Posts
    102
    Quote Originally Posted by Kopis View Post
    TN is an open carry state. I live in AR just across the river and we cant even print without LEOs flipping. I like that some states like FL allow for temporary display at least if you are reaching on a shelf, changing a tire, etc. In AR they'll get you for that. obviously, full OC is preferred.
    Didn't Arkansas recently become a Constitutional Carry State? Only the AG doesn't want to admit it..

  16. #16
    Campaign Veteran MAC702's Avatar
    Join Date
    Jul 2011
    Location
    Nevada
    Posts
    6,520
    Quote Originally Posted by marshaul View Post
    This entire forum is antis. Except DMB. And WW.
    If that puts me in the same company as you, then I am honored.
    "It's not important how many people I've killed. What's important is how I get along with the people who are still alive" - Jimmy the Tulip

  17. #17
    Regular Member
    Join Date
    Aug 2010
    Location
    Knoxville
    Posts
    184
    Quote Originally Posted by georg jetson View Post
    Do an online search and find a copy of the Tennessee Statutes. Search them for Tennessee's definition of "brandishing".
    There is no mention of, or charge for, "brandishing" in TCA.

    The actual charge for intimidating a person with a firearm would be aggravated assault, and no, you would not necessarily actually have to point it at him.

    - OS

  18. #18
    Campaign Veteran marshaul's Avatar
    Join Date
    Aug 2007
    Location
    Fairfax County, Virginia
    Posts
    11,487
    Quote Originally Posted by MAC702 View Post
    If that puts me in the same company as you, then I am honored.
    Seriously, it is getting to be a badge of honor around here.

    I may disagree with eye on a lot of issues, some of them RKBA-related (notably his insistence that CC is not a right).

    But to call him anti? Ridiculous. What, then, do you call the real antis? You know, the people who want to take our guns?

  19. #19
    Regular Member Fallguy's Avatar
    Join Date
    Sep 2007
    Location
    McKenzie Tennessee, USA
    Posts
    705
    Quote Originally Posted by Oh Shoot View Post
    There is no mention of, or charge for, "brandishing" in TCA.

    The actual charge for intimidating a person with a firearm would be aggravated assault, and no, you would not necessarily actually have to point it at him.

    - OS
    ^^This^^

    As OS said there is no charge or definition of "brandishing" in TN.

    If you make a person "reasonably" fear for their life and a weapon is involved, it is aggravated assault.

    IMO simply taking your coat of and exposing your weapon shouldn't make someone fear for their life. But I may be more reasonable that some too...lol
    "The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants." -- Thomas Jefferson

    "They who can give up essential liberty to obtain a little temporary safety, deserve neither liberty nor safety." -- Benjamin Franklin

  20. #20
    Regular Member OC for ME's Avatar
    Join Date
    Jan 2010
    Location
    White Oak Plantation
    Posts
    12,274
    In the winter a citizen Ccing takes his coat off when he enters a building, as do a great many other citizens. A jury would have to get very specific instructions to associate a common practice as uncommon AND criminal simply because a properly holstered handgun is thus revealed.

    TN would be a top contender fo boycotting if such a case were to result in a conviction and survive a appeal.

  21. #21
    Regular Member
    Join Date
    Jan 2011
    Location
    Nashville
    Posts
    158
    In my 12 years as a LEO I've never heard of anyone in TN being charged with "brandishing." Doesn't exist here. The only time I can think of where someone got into trouble making it a point to show his weapon involved a dispute over a parking spot. As "oh shoot" pointed out, an aggravated assault charge is normally what happens and that's what happened to him. Assault is a misdemeanor. When a weapon is used or displayed it bumps it up to agg assault (or if serious bodily injury occurs), which is an E felony.

  22. #22
    Regular Member
    Join Date
    Nov 2013
    Location
    Tennessee
    Posts
    53
    i regularly enter my local tn walmart wearing a coat over my owb glock 29sf i remove said coat .Its fine A Tennessee hand gun permit allows open or concelaed carry of any handgun(S) you own or legally possesse.

  23. #23
    Moderator / Administrator
    Join Date
    May 2006
    Location
    Fairfax County, Virginia, USA
    Posts
    8,711
    Quote Originally Posted by independence View Post
    Got a winter time question for you...Say I am at a restaurant with a coat over my carry piece and get hot so I decide to remove the coat...Does removing my coat amount to brandishing?
    Virginia S. Ct. has held so, but under extreme facts where Defendant menacingly exposed a holstered flare gun by lifting up his coat to intimidate another person.

  24. #24
    Regular Member independence's Avatar
    Join Date
    Jul 2013
    Location
    Tennessee
    Posts
    339
    Quote Originally Posted by SgtScott31 View Post
    In my 12 years as a LEO I've never heard of anyone in TN being charged with "brandishing." Doesn't exist here. The only time I can think of where someone got into trouble making it a point to show his weapon involved a dispute over a parking spot. As "oh shoot" pointed out, an aggravated assault charge is normally what happens and that's what happened to him. Assault is a misdemeanor. When a weapon is used or displayed it bumps it up to agg assault (or if serious bodily injury occurs), which is an E felony.
    Good to know. Thanks!

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •