Drinking, holsters, threats, and Indy 2nd half

De5115 said:

Sure there is "brandishing."

Under NRS 202.257  
4. A firearm is subject to forfeiture pursuant to NRS 179.1156 to 179.119, inclusive, only if, during the violation of subsection 1, the firearm is brandished, aimed or otherwise handled by the person in a manner which endangered others.

Perhaps branding isn't a statute you are charged with, but it is included in the description of that NRS above.

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That would be correct. It is a condition in the existing NRS. Also, in regards to the original post, would still not apply as a holster is not a firearm that can be aimed or otherwise handled by the person in a manner which endangered others.

De5115 said:

Sure there is "brandishing."

Under NRS 202.257  
4. A firearm is subject to forfeiture pursuant to NRS 179.1156 to 179.119, inclusive, only if, during the violation of subsection 1, the firearm is brandished, aimed or otherwise handled by the person in a manner which endangered others.

Perhaps branding isn't a statute you are charged with, but it is included in the description of that NRS above.

Click to expand...

That violation of brandishing only counts if subsection 1 of that law is broken, which would be handling the firearm while drunk.... So if you want to be uber technical, "Nevada has a "brandishing" law but it doesn't count unless you're shmammered."

You are also correct.

I hear "brandishing this and brandishing that". I was actually told by a friend, while in my own travel trailer, on a camping trip, that I was brandishing, when I pulled my weapon out my holster to store it in my safe. Another friend wanted to see it. So I removed the magazine, cleared the chamber and verified it was unloaded with slide back and let him look at it. So I had to explain that it's not called brandishing, by NRS, because I wanted him to look up the NRS for himself. I also told him to look up brandishing and tell me what he found.

I've also heard stories from other states, where a gun owner was in their private vehicle, pulled their firearm to store it, and were later arrested for "brandishing". Such B.S.

My point was that we don't call it brandishing in Nevada. I know and you know, drawing or exhibiting a deadly weapons in a rude, angry or threatening manner, in its definition is the same thing as brandishing.

And, yes, "brandish" is mentioned in NRS 202.257 Possession of firearm when under influence of alcohol, controlled substance or other intoxicating substance; administration of evidentiary test; penalty; forfeiture of firearm. In this case, brandishing is not the crime, it's just a reason to get your firearm forfeited. My opinion is, you should just also be charged with Drawing a deadly weapon in a threatening manner.

The points I was making:

1. It's not called brandishing in NRS. Simply because if you look up brandishing in our NRS you won't find it, other than the reference in another NRS for possession of a firearm under the influence... as an add on for forfeiture of firearm.

If you brandish a weapon, you won't get charged with "Brandishing". You'll get charged with "Drawing a deadly weapon in a threatening manner."


2. You have to meet the requirements defined in the NRS to be charged with "Drawing a deadly weapon in a threatening manner." (in the presence of two or more persons, draws or exhibits any of such deadly weapons in a rude, angry or threatening manner not in necessary self-defense)


3. The original poster displayed an empty holster. A holster is not a deadly weapon and therefore can not be used to charge with "Drawing a deadly weapon in a threatening manner" or brandishing for that matter.


Sorry if you thought that I was saying that waving a firearm around in an angry manner is acceptable in Nevada. That's not what I was saying at all.