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Is this brandishing?

color of law

Accomplished Advocate
Joined
Oct 7, 2007
Messages
5,950
Location
Cincinnati, Ohio, USA
Thank you, that was the point I was trying to make.

The mere carrying of arms is not necessarily brandishing or arms, it should require an overt act intended to induce fear.
That's what the Virginia Supreme Court in Morris v. Com. said, but the lower courts won't/don't go by that. The lower courts shoot the bird to the Supreme court. There are thousands of federal appeal court cases that rule contrary to the USSC's dictates. They do it because they know the odds of being overturned is slim to none.
 
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