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Thread: open carry question

  1. #1
    Regular Member
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    Could UOP be considered brandishing in Ventura County? I know open carry is legal, but I have a nieghbor that i have problems and i am sure if i open carry they would call the cops right away "claiming" i am threating people with a gun. The defination of Brandishing would be helpful and any advise.Would contacting the police before open carry a good idea along with a lawyer? Also i was refered to this site from calguns.

  2. #2
    Regular Member Gunslinger's Avatar
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    Brandishing is not holstered carry under any definition of law. States vary, but it is conceivable that you could be charged with disorderly conduct if you cause "great fear or apprehension" in your neighbor by displaying a firearm. California is so wacko with laws, it's hard to be more specific, but you must have the firearm--or weapon, in your hand in a threatening manner to "brandish" it.
    "For any man who sheds his blood with me this day shall be my brother...And gentlemen now abed shall think themselves accursed, they were not here, and hold their manhoods cheap whilst any speaks who fought with us on Crispin's day." Henry V

  3. #3
    State Pioneer ConditionThree's Avatar
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    This is a good question.

    PC417 as it relates to a firearm basically says anyone whoexhibits a firearm in a rude angry or threateningmannner is guilty of brandishing.

    If you are lawfully open carrying your firearm, it is being exhibited... its in plain sight. This isnt a crime, however if you add any of the other elements of 'brandishing' you could be arrested.

    Now a holstered firearm by itself is not rude, angry, or threatening... but for example, take a thugwannabe illegally concealing a firearm in his waistband, sweeps his shirt up to show you he is armed, ...this would be a veiled threat and fulfill the definition of brandishing. Even though the gun is not handled or pointed at anyone, it was exhibited in a threatening manner.

    The flipside to your problem neighbor is that if they do report you for brandishing, they could be criminally and civilly liable for filing a false police report. This isnt much consolation if you were injured or killed by responding officers, but this is added incentive to have witnesses to bear testimony of the circumstances as they occured.

    As for informing law enforcement authorities; there seems to be a building movement of prospective carriers writing police and sheriffsto let them know via certified mail of their intent to lawfully arm themselves. I think it is a prudent measure that has two effects. 1) It raises the awareness and requires the authorities to respond by developing a policy when encountering OCr's and 2) the more letters that show up on an issuing authorities desk- the more likely they will have to reconsider their policy towards issuing licenses to carry concealed. Im all for it- write a letter outlining the legality of open carry, let them know you either cannot or will get permission in the form of a license to carry, and thank them in advance for maintaining a professional and courteous staff.
    New to OPEN CARRY in California? Click and read this first...

    NA MALE SUBJ ON FOOT, LS NB 3 AGO HAD A HOLSTERED HANDGUN ON HIS RIGHT HIP. WAS NOT BRANDISHING THE WEAPON, BUT RP FOUND SUSPICIOUS.
    CL SUBJ IN COMPLIANCE WITH LAW


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