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Thread: 'Brandishing' a magazine

  1. #1
    Regular Member malignity's Avatar
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    I got onto a discussion with a buddy of mine about this, and though its more of a Legal Beagle type question, I feel more confident asking it here because there's a lot more idiots on TOS, and we seem to have a better overall grip of the law in general over here for obvious reasons.

    About a year ago or so, my fiance and I were going into a drug store and a group of men were loitering outside and giving her the 'googlie eyes'. We got what we needed, then walked out, in which they began to proceed to follow us to my car. I pulled my spare magazine and faced them and promptly informed them I had 27 reasons to stop following us (I carry a Glock 23 and an extra mag, so thus 27 rounds). Needless to say, they promptly changed their minds, and I turned around after following us across the entire parking lot. They went back to loitering outside the store as we got into the car and took off.

    A friend of mine who has his "CCW" (if you get my drift here...) claims what I did was illegal, and that I was brandishing. I call total BS and think I handled the situation well considering. No one was harmed, and I definately made it clear that I had a firearm and that they should think twice. (Yes, I know, OCing would have prevented this whole thing lol)


    So what do you guys think? I fail to see illegal activity, what about you?
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  2. #2
    Regular Member 1245A Defender's Avatar
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    i think you did great! showing a mag is just another way to say im armed. ive never heardof any mich law about mags in particular,, doubt they can be illegaly "brandished".
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  3. #3
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    malignity wrote:
    I got onto a discussion with a buddy of mine about this, and though its more of a Legal Beagle type question, I feel more confident asking it here because there's a lot more idiots on TOS, and we seem to have a better overall grip of the law in general over here for obvious reasons.

    About a year ago or so, my fiance and I were going into a drug store and a group of men were loitering outside and giving her the 'googlie eyes'. We got what we needed, then walked out, in which they began to proceed to follow us to my car. I pulled my spare magazine and faced them and promptly informed them I had 27 reasons to stop following us (I carry a Glock 23 and an extra mag, so thus 27 rounds). Needless to say, they promptly changed their minds, and I turned around after following us across the entire parking lot. They went back to loitering outside the store as we got into the car and took off.

    A friend of mine who has his "CCW" (if you get my drift here...) claims what I did was illegal, and that I was brandishing. I call total BS and think I handled the situation well considering. No one was harmed, and I definately made it clear that I had a firearm and that they should think twice. (Yes, I know, OCing would have prevented this whole thing lol)


    So what do you guys think? I fail to see illegal activity, what about you?
    I fail to see how a magazine in and of itself is a dangerous weapon.

    Looks good to me.

  4. #4
    Regular Member Bronson's Avatar
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    MCL 750.234e states:
    (1) Except as provided in subsection (2), a person shall not knowingly brandish a firearm in public.

    (2) Subsection (1) does not apply to any of the following:

    (a) A peace officer lawfully performing his or her duties as a peace officer.

    (b) A person lawfully engaged in hunting.

    (c) A person lawfully engaged in target practice.

    (d) A person lawfully engaged in the sale, purchase, repair, or transfer of that firearm.

    (3) A person who violates this section is guilty of a misdemeanor punishable by imprisonment for not more than 90 days, or a fine of not more than $100.00, or both.
    And MCL Section 752.841 defines "firearm" as:
    Sec. 1.

    For the purposes of this act the word “firearm” shall mean any weapon or device from which is propelled any missile, projectile, bullet, shot, pellet or other mass by means of explosives, compressed air or gas, or by means of springs, levers or other mechanical device.

    And 18 USC § 921 (a) defines "firearm" as:

    (3) The term “firearm” means
    (A) any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive;
    (B) the frame or receiver of any such weapon;
    (C) any firearm muffler or firearm silencer; or
    (D) any destructive device. Such term does not include an antique firearm.


    I don't see ammuntion or magazines listed in any of the above cites.

    Bronson
    Those who expect to reap the benefits of freedom, must, like men, undergo the fatigue of supporting it. – Thomas Paine

  5. #5
    Regular Member Michigander's Avatar
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    Maliciously threatening someones safety when you have the ability to harm them, as far as I know, is assault. But your situations sounds more like a defensive display of a magazine. Sounds like a pretty good choice for that situation.
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