Another example of why it is best to avoid altercations while carrying. While the article states he "did not pull or threaten to use" the firearm, this guy could have subconsciously touched it without even thinking, resulting in the brandishing charge.
Or, the gentleman have only been attempting to protect the firearm from being grabbed by the other party! Additionally, this is probably another example of why you should not provide statements to police w/o an attorney's advice.
Newport News: Man charged with brandishing gun during altercation
By Sarah Pawlowski Daily Press 1:22 p.m. EST, January 2, 2014
A 22-year-old Newport News man was charged with brandishing a firearm after a driving incident turned to an altercation...
...Both drivers got out of their vehicles and began to argue. During the altercation, a police investigation determined the driver of the Impala touched a firearm he was wearing in plain sight on his hip, Eley said. The man did not pull out the firearm or threaten to use it, he said...
The man was given a summons for brandishing his weapon and released.
"Rule 1: All Guns Are Always Loaded" - Jeff Cooper
On Sheep, Wolves and Sheepdogs - by Lt. Col. Dave Grossman
Under this standard, nearly every LEO is guilty of brandishing. Many rest their hand on their firearm.
I routinely rest my arm/wrist on the handle of my gun when it could be exposed to an unknown person on that side for additional security.
Yes, it is "touching", but I don't know anyone that can draw a gun with their wrist, but it does keep others from attempting to do so.
Here's a really fun video where a uniformed officer briefly removes his sidearm from the holster and gets in a heated verbal confrontation with the undercover officers he "drew on". Somewhere around the 6 minute and 30 second mark it gets hot.
Warning, lots of profanity, made somewhat amusing due to the Jersey accents.
--Moderator deleted video, verbiage including F-bomb not suitable for OCDO--
Last edited by Grapeshot; 01-02-2014 at 09:40 PM. Reason: Deleted video
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And why don't police unions want steroid testing of its members? I wonder....
Of course, we here in the Commonwealth know all too well how some judges handle "brandishing" charges, so the outcome is not as cut and dried as some might think.
Given all of that, I consciously keep my hand away from my sidearm. Since I wear it at the 3 o'clock position, if I need to start protecting its security, I will rest my forearm or elbow against it.
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My guess is he did touch it either to keep it in place or otherwise. The cops got there and the other fellow complained.
At this point the man with the gun did what so many do and what User warns against ....he tried to explain it and in the process it came out he did have his hand on it. Add in an anti cop which that area is chock full of, and you have the charges.
His failure was NOT in touching his firearm.