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Thread: CCW to OC to Deter Threat?

  1. #1
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    Here's one for you . . . I'm out and about and my shirt tail inadvertently covers my weapon which I was otherwise OC'ing. Now it becomes a CCW. I have my license so I'm all good.

    A BG comes along and as the situation unfolds, I decide to move my shirt tail to a) have better access and b) to make it known I prefer to talk this situation through.

    Okay, before you tell me that brandishing is a crime, here's the rub:

    In NC we can OC, which hopefully acts in the first place as some deterent to the predtor choosing us. But if we can OC in the first place, then how can going from CCW to OC with a the HOLSTERED be construed as a crime (ie - misuse of deadly force)? Is it solely on intent?

    If intent is the issue, I don't see any difference. If I'm OC, then it's quite obvious to everyone that my intent is to use the appropriate force necessary to stop a threat. What's the difference in the timing of when this intent is revealed?

  2. #2
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    you wouldn't be brandishing dude, maybe in SC, but not here, simply unzipping your jacket and revealing your firearm is not brandishing. if the BG get to a LEO first, you might have a hard time explaining and proving that thought because he will prob. tell lies about how you threatened him and such.

  3. #3
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    What it comes down to is the situation as a whole from an outside "reasonable" perspective. If the "bad guy" was just talking aggressively and not making any threatening gestures, by law, there was no reason to expose the weapon, other than incite fear or escalate the situation.

    However, if you were clearly being threatened of severe bodily harm, then the action stated is perfectly viable. If the bad guy ran away at that point, that is just a bonus for you, not having to pull your weapon.

    Unfortunately, if your weapon gets covered at any time, and you choose to only uncover it once approached, even though it is holstered, it could still be considered brandishing if the situation did not warrant the action. Displaying your weapon, even in an OC state, to stop an inconvenience or verbal attack, is not a legal defense.

    We may not agree with this, however, that most likely will be the way it is. Especially if the bad guy happens to find LEO before you do and tell them you you threatened him with a firearm.

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