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 ?

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.

" . . . 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.

palerider116 said:

suggests that the person is recklessly and unlawfully pointing or displaying a firearm without justification.

Click to expand...

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

oldbanger said:

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 ?

Click to expand...

what they are saying here is if you are by yourself, practicing dry fire drills it's not brandishing.

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,

Click to expand...

The part in bold establishes one individual.

...in the presence of two (2) or more persons,...

Click to expand...

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.