independence
Regular Member
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?
-
We are now running on a new, and hopefully much-improved, server. In addition we are also on new forum software. Any move entails a lot of technical details and I suspect we will encounter a few issues as the new server goes live. Please be patient with us. It will be worth it! :) Please help by posting all issues here.
-
If you are having trouble seeing the forum then you may need to clear your browser's DNS cache. Click here for instructions on how to do that
-
Please review the Forum Rules frequently as we are constantly trying to improve the forum for our members and visitors.
Does taking my coat off amount to brandishing?
- Thread starter independence
- Start date
Fallschirjmäger
Active member
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?
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?
independence
Regular Member
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?
georg jetson
Regular Member
Do an online search and find a copy of the Tennessee Statutes. Search them for Tennessee's definition of "brandishing".
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.
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:
davidmcbeth
Banned
How can it be .. he would be on private property ... what about private property rights? huh? well?:banana::banana:
eye95
Well-known member
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 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.
Kopis
Regular Member
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.
independence
Regular Member
Yeah, I know we are an open carry state. The question pertains to going from CC to OC and whether that counts as brandishing.
davidmcbeth
Banned
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 !
eye95
Well-known member
Yep. It is THAT obtuse!
Last edited:
Fallschirjmäger
Active member
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.
marshaul
Campaign Veteran
This entire forum is antis. Except DMB. And WW.
Q-Tip
Regular Member
Didn't Arkansas recently become a Constitutional Carry State? Only the AG doesn't want to admit it..
If that puts me in the same company as you, then I am honored.
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
marshaul
Campaign Veteran
Seriously, it is getting to be a badge of honor around here. :lol:
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?
Fallguy
Regular Member
^^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
OC for ME
Regular Member
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.
TN would be a top contender fo boycotting if such a case were to result in a conviction and survive a appeal.
SgtScott31
Regular Member
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.