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Thread: Exhibition or use of deadly weapon / Brandish

  1. #1
    Regular Member oldbanger's Avatar
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    Exhibition or use of deadly weapon / Brandish

    Idaho Statutes
    TITLE 18
    CRIMES AND PUNISHMENTS
    CHAPTER 33
    FIREARMS, EXPLOSIVES AND OTHER DEADLY WEAPONS
    18-3303. Exhibition or use of deadly weapon. Every person who, not in necessary self-defense, in the presence of two (2) or more persons, draws or exhibits any deadly weapon in a rude, angry and threatening manner, or who, in any manner, unlawfully uses the same, in any fight or quarrel, is guilty of a misdemeanor.

    "in the presence of two (2) or more persons"

    What if it's just you and a BG ? or does it mean you are one (1) person he is #2 person ?

  2. #2
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    It appears the statue is addressing brandishing in regards to a non self defense situation. The adjectival phrase "draws or exhibits any deadly weapon in a rude, angry and threatening manner" suggests that the person is recklessly and unlawfully pointing or displaying a firearm without justification.

    The 2 or more is just establishing that it must occur in the presence of 2 or more people to be considered brandishing. This code has nothing to do with self defense.

  3. #3
    Regular Member CenTex's Avatar
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    " . . . in the presence of two (2) or more persons . . . " is not clear, is it? It could be read as you and one other person, or you and two other people. If a DA wanted to use it for his/her case, he/she would probably insist that it means you and at least one other person. Your defense attorney would probably want it you and two other persons. The clearness of it though is that it would not be considered brandishing if you were the only one present, which on the surface of it is so obvious it is asinine to think otherwise.

    Maybe someone on the forum has heard how this was understood in some court case where it came into question.

    If the BG is not an immediate threat to your life, it could be considered brandishing. If the BG is for certain an immediate threat to your life, brandishing should not even be entertained by the court or investigating LE.
    Last edited by CenTex; 12-03-2010 at 04:51 PM.
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  4. #4
    Regular Member oldbanger's Avatar
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    Quote Originally Posted by palerider116 View Post
    suggests that the person is recklessly and unlawfully pointing or displaying a firearm without justification.
    I think that would be...

    18-3304.Aiming firearms at others. Any person who shall intentionally, without malice, point or aim any firearm at or toward any other person shall be guilty of a misdemeanor and shall be subject to a fine of not more than one thousand dollars ($1,000) and not less than five dollars ($5.00).

    makes my head ache

  5. #5
    Regular Member Nevada carrier's Avatar
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    Quote Originally Posted by oldbanger View Post
    Idaho Statutes
    TITLE 18
    CRIMES AND PUNISHMENTS
    CHAPTER 33
    FIREARMS, EXPLOSIVES AND OTHER DEADLY WEAPONS
    18-3303. Exhibition or use of deadly weapon. Every person who, not in necessary self-defense, in the presence of two (2) or more persons, draws or exhibits any deadly weapon in a rude, angry and threatening manner, or who, in any manner, unlawfully uses the same, in any fight or quarrel, is guilty of a misdemeanor.

    "in the presence of two (2) or more persons"

    What if it's just you and a BG ? or does it mean you are one (1) person he is #2 person ?
    what they are saying here is if you are by yourself, practicing dry fire drills it's not brandishing.

  6. #6
    Regular Member rotorhead's Avatar
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    Read it again...

    Idaho Statutes
    TITLE 18
    CRIMES AND PUNISHMENTS
    CHAPTER 33
    FIREARMS, EXPLOSIVES AND OTHER DEADLY WEAPONS
    18-3303. Exhibition or use of deadly weapon. Every person who,
    The part in bold establishes one individual.

    ...in the presence of two (2) or more persons,...
    The next part establishes another 2 or more people in the presence of the first individual already referenced.

    There is no way, in my opinion, that the statement could be read in any other way but to mean that the "two (2) or more persons" does not include the first individual and must mean the "two (2) or more persons..." are in addition to that individual.


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