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Thread: What's Considered Brandishing?

  1. #1
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    I know what brandishing means but how far can someone take it?

    Isn't it pretty easy for anyone to call the cops and say your are brandishing, either because they think OC is brandishing, or because they don't like you carrying a gun and want to make sure you get in trouble for it? It may be your word against theirs but would the fact you are OCing with a gun make their word a little stronger?

    What if a someone who looks like a thug comes up on me but I am not certain he is a threat, can I turn the my hip where my OC gun is toward him so he sees it, or is that considered brandishing?




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    NRS 202.320 Drawing deadly weapon in threatening manner. 1. Unless a greater penalty is provided in NRS 202.287, a person having, carrying or procuring from another person any dirk, dirk-knife, sword, sword cane, pistol, gun or other deadly weapon, who, 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, or who in any manner unlawfully uses that weapon in any fight or quarrel, is guilty of a misdemeanor. 2. A sheriff, deputy sheriff, marshal, constable or other peace officer shall not be held to answer, under the provisions of subsection 1, for drawing or exhibiting any of the weapons mentioned therein while in the lawful discharge of his duties. [1911 C&P § 174; RL § 6439; NCL § 10121]—(NRS A 1967, 486; 1989, 1240)
    Simple definition. I think shaking your hips at the guy so he sees your gun might qualify as exhibiting it. Just turning nonchalantly so it's visible to him, but not in "a rude, angry or threatening manner" should be ok. If it's obvious that's what your doing, it could be considered threatening.

    I don't think I'd go drawing attention to the gun if you don't know if he's a threat. Once you know he is, that's a different story. At that point, you should be drawing.

    I'm sure more people will be along shortly with more opinions. They rarely disappoint.

  3. #3
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    I'm not an attorney, but I think AnakinsKid pretty muchnailed it!

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    Ocguy wrote:
    I know what brandishing means but how far can someone take it?

    Isn't it pretty easy for anyone to call the cops and say your are brandishing, either because they think OC is brandishing, or because they don't like you carrying a gun and want to make sure you get in trouble for it? It may be your word against theirs but would the fact you are OCing with a gun make their word a little stronger?

    What if a someone who looks like a thug comes up on me but I am not certain he is a threat, can I turn the my hip where my OC gun is toward him so he sees it, or is that considered brandishing?


    It would be easy for someone to call the police and accuse you of brandishing. You never know, it may have nothing to do with fact that he or she doesn't like you. First, the handgun is spotted and then the police gets a call that you were waving it around at people. It would be the caller's word against yours and since you have the gun, guess which side the police are going to take. I don't agree with this or anything. Just playing devil's advocate.




  5. #5
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    For me, brandishing can not be an issue, really, cause I use Dad's theory of How to be a Man.

    I you don't need to use it, leave it in the holster. If you need to pull it, use it.

    I realize this is not taking into account many gray area possibles.. but for me.. carrying it ain't gonna get me in any trouble unless I clear leather... and if I clear leather, I had better have a reason good enough not to get me into trouble.

    Simply OC'ing is not brandishing. I can not imagine a situation where I would want to make the fact that I am wearing a firearm any more or less obvious than that regardless. It is not relevant that I have access to deadly force until I need the deadly force in my hand, and at my direct command.

    Another Dad-ism. Don't threaten. Ever. THINK, Then act.
    (Animals react. Men think, then act.)

    If you need the deadly force on your side, use it without warning or mercy.

    Sort of like one of the basic rules of life... never instigate any violence, but if you can not remove yourself from impending force, use immediate, overwhelming, and indefensible violence in return, without thought beyond stopping the force against you.

    <Shrug> YMMV.



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    Ocguy wrote:
    I know what brandishing means but how far can someone take it?

    Isn't it pretty easy for anyone to call the cops and say your are brandishing, either because they think OC is brandishing, or because they don't like you carrying a gun and want to make sure you get in trouble for it? It may be your word against theirs but would the fact you are OCing with a gun make their word a little stronger?

    What if a someone who looks like a thug comes up on me but I am not certain he is a threat, can I turn the my hip where my OC gun is toward him so he sees it, or is that considered brandishing?


    Not any easier than it is for someone to say you "flashed" them, and the fact that you have a penis makes "their word a little stronger."

    Someone "looking like a thug," whatever that means, is not an excuse to point out that you have a gun. A gun is a last resort of defense (last resort because it is deadly force). If you intend to go around showing off your gun to people you think look like "thugs" you would do everyone a favor by leaving the gun at home.

    Other than extra awareness, your behavior with a gun should mimic your behavior without a gun. Would you walk around pulling out your pocket knife to show a "thug" you're armed if you didn't carry a gun?

    In the case you describe, you are brandishing. Whether you'd get caught, or whether it could be proved in court is another matter - but you would clearly be exhibiting your weapon for the explicit purpose of threatening someone else.

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    bobernet wrote:
    Ocguy wrote:
    I know what brandishing means but how far can someone take it?

    Isn't it pretty easy for anyone to call the cops and say your are brandishing, either because they think OC is brandishing, or because they don't like you carrying a gun and want to make sure you get in trouble for it? It may be your word against theirs but would the fact you are OCing with a gun make their word a little stronger?

    What if a someone who looks like a thug comes up on me but I am not certain he is a threat, can I turn the my hip where my OC gun is toward him so he sees it, or is that considered brandishing?


    In the case you describe, you are brandishing. Whether you'd get caught, or whether it could be proved in court is another matter - but you would clearly be exhibiting your weapon for the explicit purpose of threatening someone else.
    Would it be threatening them or making them aware?

    Thanks everyone for the replies.

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