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KansasScout
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The recent case from the Ks Supreme Court as to self defense has some interesting develoments for us in Kansas. The Volokh Report is a good place to read about this decision.
In light of this recent decision, I began to be concerned about what could be the achilles heel of Open Carry in Kansas. Brandishing.
What constitutes "brandishing"?
At what point does posession move to brandishing?
Is brandishing allowed as a stop gap step along the way to lethal force or is it confined to the threshold of lethal force, which seems to be the implications of the Supreme Court decision?
The Volokh Report author seems to think that you can only legally brandish IF you have crossed the line into the legally allowable use of lethal force. Hence, If your going to pull that gun you might just as well shoot the threat!
It would seem that in Kansas, pulling your gun and pointing it or waving it or generally "brandishing" it can get you arrested unless you were in life threatening or serious bodily harm danger.
There could be some situations where actually pulling that gun and having it in your hand could get you in trouble when common sense was telling you to be ready for trouble.
This scenario makes me wonder what would happen. You hear a noise in your back yard. You grab your .627 Magnum blaster and search the back yard when the PD officer your wife called, finds you with gun in hand. Would any PD officer find you in violation of the brandishing law given the new Court ruling?
Clearly the State of Kansas Legislature must correct this problem.
The recent case from the Ks Supreme Court as to self defense has some interesting develoments for us in Kansas. The Volokh Report is a good place to read about this decision.
In light of this recent decision, I began to be concerned about what could be the achilles heel of Open Carry in Kansas. Brandishing.
What constitutes "brandishing"?
At what point does posession move to brandishing?
Is brandishing allowed as a stop gap step along the way to lethal force or is it confined to the threshold of lethal force, which seems to be the implications of the Supreme Court decision?
The Volokh Report author seems to think that you can only legally brandish IF you have crossed the line into the legally allowable use of lethal force. Hence, If your going to pull that gun you might just as well shoot the threat!
It would seem that in Kansas, pulling your gun and pointing it or waving it or generally "brandishing" it can get you arrested unless you were in life threatening or serious bodily harm danger.
There could be some situations where actually pulling that gun and having it in your hand could get you in trouble when common sense was telling you to be ready for trouble.
This scenario makes me wonder what would happen. You hear a noise in your back yard. You grab your .627 Magnum blaster and search the back yard when the PD officer your wife called, finds you with gun in hand. Would any PD officer find you in violation of the brandishing law given the new Court ruling?
Clearly the State of Kansas Legislature must correct this problem.