"eye95",
The point of this thread isn't to determine whether or not the LEO made the right decision.
The point of this thread is to let "Scott" know what NC law and precedent actually SAYS, and to attempt to educate him (and other NC OCers) as to what is and is not legal and lawful in terms of acceptable force continuum in self-defense situations.
To everyone else:
I think we've established beyond a shadow of a doubt, that there is NO SUCH VIOLATION as "brandishing" in NC. Everyone should just stop even referring to that. The term "brandishing" is irrelevant in terms of NC law, and continuing to use it just confuses the issue, dilutes the discussion, and clouds the reality of NC law.
We don't want to hear about VA statutes. We don't care what AL law says. What the law says in GA or WA or PA or anywhere else matters not one wit in this discussion. The event occurred in North Carolina, so only NC statute, case law and common law apply. Put it to rest.
We've cited NC case law.
We've cited the NC AG's "NC Firearms Law" handbook.
Scott has plenty of information. He'll either decide to act lawfully in the future or he won't. He's a big boy, and can make his own decisions. I only hope that he is mature and open-minded enough to decide to comport himself in an appropriate manner according to NC law in the future.
But, honestly, I wash my hands of this. I've tried and tried, and people seem to just not care about what the law actually says, preferring to argue irrelevant points from other state's laws, inject personal bias, and strut and posture.
I'll gladly donate to someone like Skidmark when he gets jacked for "contempt of cop" while going about his business lawfully in VA. But when (not if, but when) "Scott" gets arrested in the future, I will not offer one single penny or second of help, because I've offered all I can to him already. The decision is now his...
Please, "Scott", I'm begging you one last time.
Find a qualified instructor, and take a course. Put your pride on the back burner, and consult someone professional who actually KNOWS the law.
Your safety, your freedom, and your LIFE depend on it...