Results 1 to 13 of 13

Thread: "Brandishing" while entering a vehicle?

  1. #1
    Regular Member
    Join Date
    Sep 2009
    Location
    , New Hampshire, USA
    Posts
    20

    Post imported post

    Whether I'm carrying openly or concealed, I can't sit comfortably in my car with my handgun holstered.
    In the past, I've just taken my gun out of the holster, and placed it in the glove box. Before I get out of my car, I remove it from the glove box, and put it back in the holster.

    I've heard stories on the internet that drawing your weapon, even just to put it into your car, can be considered "brandishing", which is not legal.

    Am I safe doing this, or should I take the whole holster off?


  2. #2
    Campaign Veteran
    Join Date
    Jul 2008
    Location
    Lobelville, Tennessee, USA
    Posts
    2,615

    Post imported post

    What state are you located in and what are you carrying & how?

    In many states, "Brandishing" would be considered as "waving a weapon around" in a reckless or threatening manner, in public. Unholstering to place weapon in glove box, or the reverse shouldn't be construed as "brandishing".

  3. #3
    Regular Member
    Join Date
    Sep 2009
    Location
    , New Hampshire, USA
    Posts
    20

    Post imported post

    I've got a service-size 9mm auto. I carry open in Maine, both open/concealed in NH (resident permit).


  4. #4
    Moderator / Administrator Grapeshot's Avatar
    Join Date
    May 2006
    Location
    North Chesterfield, Va.
    Posts
    34,610

    Post imported post

    summerof95 wrote:
    I've got a service-size 9mm auto. I carry open in Maine, both open/concealed in NH (resident permit).
    I tuck my 1911 under my right leg when driving in my truck. If in the car, it fits nicely in the console cubby in front of the shifter.

    The action of relocating the gun is not considered brandishing in Va., but I do so discretely.

    Yata hey
    You will not rise to the occasion; you will fall back on your level of training. Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

  5. #5
    Regular Member
    Join Date
    Aug 2008
    Location
    A, A
    Posts
    612

    Post imported post

    I have worried about this at times myself. There are establishments that do not allow carry in any form so I have to secure the weapon in my vehicle. I do my best to make sure no 'sheep' are close by to view my actions, BUT, I don't let it stop me from doing what I need to do to stay within the law. Just having a weapon in hand is not considered brandishing here in Oregon unless you point at or threaten another person (IANAL-always check local statutes for yourself).

    My local grocery store does not allow carry so every time I go there I have to secure my pistol. So of course there are two chances someone will see me handling the weapon outside the holster and usually for me outside the vehicle. I have found attitude and posture count for a lot in these situations. Act as if you have the authority to do what you are doing and ppl (not always) will assume you are legit. I think also I have been just very lucky in my area to have a lot of firearm friendly folks.

    Rev. Jim

  6. #6
    Regular Member
    Join Date
    Jul 2008
    Location
    , ,
    Posts
    119

    Post imported post

    summerof95 wrote:
    I've heard stories on the internet
    This is the problem. Remember the 'ol cliche, don't believe everything you read on the internet. A lot of places depending on where you are in the country require you to disarm before entering, so regardless of personal comfort, you can't break the law by following it, no matter if you are entering or leaving the car. Better yet, I've never heard of such a charge being filed.

  7. #7
    Regular Member Deanimator's Avatar
    Join Date
    Sep 2007
    Location
    Rocky River, OH, U.S.A.
    Posts
    2,086

    Post imported post

    summerof95 wrote:
    Whether I'm carrying openly or concealed, I can't sit comfortably in my car with my handgun holstered.
    In the past, I've just taken my gun out of the holster, and placed it in the glove box. Before I get out of my car, I remove it from the glove box, and put it back in the holster.

    I've heard stories on the internet that drawing your weapon, even just to put it into your car, can be considered "brandishing", which is not legal.

    Am I safe doing this, or should I take the whole holster off?
    Not in Ohio. Facts:

    1. Until recently, Ohio CCW law REQUIRED open carry in vehicles.

    2. It is a FELONY to carry into (among other places) a Class D (by the drink) liquor serving establishment.

    Any cop who wants to arrest me for NOT committing a felony when I disarm before going into Chipotle or the Post Office, is more than welcome to do so. I won't resist in any way. I will snatch the bread out of his children's mouths in civil court.
    --- Gun control: The theory that 110lb. women have the "right" to fistfight with 210lb. rapists.

  8. #8
    Regular Member Sonora Rebel's Avatar
    Join Date
    Aug 2008
    Location
    Gone
    Posts
    3,958

    Post imported post

    Carry the pistol cross draw 'n you won't have a problem. Works as well on horseback as it does with seatbelts.

  9. #9
    Regular Member
    Join Date
    Aug 2009
    Location
    Culpeper, Virginia, USA
    Posts
    305

    Post imported post

    Grapeshot wrote:
    summerof95 wrote:
    I've got a service-size 9mm auto. I carry open in Maine, both open/concealed in NH (resident permit).
    I tuck my 1911 under my right leg when driving in my truck. If in the car, it fits nicely in the console cubby in front of the shifter.

    The action of relocating the gun is not considered brandishing in Va., but I do so discretely.

    Yata hey
    Doesn't this increase the chance of a negative situation occurring? I would think that a mode of open carry should allow you to move through your day without having to disarm/rearm simply due to comfort.

    If you have to remove the gun from the holster and stow it in a different location/position when you enter the vehicle, and get the gun from the stowed location and re-holster when you depart the vehicle, these are multiple times that you are handling the weapon. Maybe it because I am knew to OC, but it just seems that I would want to limit my contact with the gun unless it is needed.

    This is one reason why I am on the hunt for a comfortable leather holster - my Blackhawk Serpa'd 9mm doesn't seem to like to travel long distances in the car!

  10. #10
    Regular Member
    Join Date
    Dec 2007
    Location
    az, ,
    Posts
    685

    Post imported post

    negative situation? i wouldnt imagine a problem unless you are carelessly waving it around your car before holstering it and getting out of the car

    i carry a sig in a serpa which needless to say can get a little uncomfortable when driving. i often do the same as grapeshot, just tuck it under my leg. or ill just put it on the passenger seat. either way it only takes 2 seconds to un/re holster a pistol, just dont let anyone see you if you really think it will be a problem

  11. #11
    Regular Member Sonora Rebel's Avatar
    Join Date
    Aug 2008
    Location
    Gone
    Posts
    3,958

    Post imported post

    Use a gunbelt. This ancient time honored method of bearing arms seems not to ever been heard of before. Y'see... long before belt loops were invented in 1922, the only thing belts were used for was hangin' weapons on 'em.Belt +Gun = Gunbelt. Not 'duty belt'... You're not cops 'n you're not 'on watch'.

    Gun stays in holster... no brandishing woes. 'Think!'

  12. #12
    Regular Member thnycav's Avatar
    Join Date
    Aug 2007
    Location
    Windsor VA, ,
    Posts
    305

    Post imported post

    Sonora Rebel wrote:
    Carry the pistol cross draw 'n you won't have a problem. Works as well on horseback as it does with seatbelts.
    I do not use a cross draw when on horseback. I do wear the holster on my 3 o'clock. I do cross draw my saber. Pummel holsters do come in handy though.

  13. #13
    Regular Member
    Join Date
    Jun 2008
    Location
    Spokane, Washington, USA
    Posts
    1,268

    Post imported post

    Mount a holster in your car. There are some threads around the forum that show different places and techniques.

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •