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Legality of OC & Handling Gun

ProShooter

Regular Member
Joined
Mar 23, 2008
Messages
4,663
Location
www.ProactiveShooters.com, Richmond, Va., , USA
The problem is that § 18.2-282. uses the word "brandish" to define "brandishing."

Pointing, holding, or brandishing firearm, air or gas operated weapon or object similar in appearance; penalty. A. It shall be unlawful for any person to point, hold or brandish..............

What does running mean? Well you know it means run. :banghead:

Running on the road?
Running a load of laundry?
My computer is running a program?
My nose is running?

:)
 

tcmech

Regular Member
Joined
Aug 2, 2009
Messages
368
Location
, ,
Running on the road?
Running a load of laundry?
My computer is running a program?
My nose is running?

:)

and I just saw your refrigerator pass me too.

I don't believe that resting your elbow on the handgun can be considered brandishing by itself. I do believe that people can get all kinds of upset if you have your hand wrapped around the grip standing in a checkout lane. I personally tend to let my elbow rub against my gun also.
 

TFred

Regular Member
Joined
Oct 13, 2008
Messages
7,750
Location
Most historic town in, Virginia, USA
and I just saw your refrigerator pass me too.

I don't believe that resting your elbow on the handgun can be considered brandishing by itself. I do believe that people can get all kinds of upset if you have your hand wrapped around the grip standing in a checkout lane. I personally tend to let my elbow rub against my gun also.
It's all in the context of the overall circumstances. I am nearly certain that someone could be convicted of brandishing, within a set of circumstances that involved resting their elbow on their gun. I don't have the cite, there is a case where lifting the shirt to expose the gun was enough. It's all about the circumstances.

TFred
 

skidmark

Campaign Veteran
Joined
Jan 15, 2007
Messages
10,444
Location
Valhalla
It's all in the context of the overall circumstances. I am nearly certain that someone could be convicted of brandishing, within a set of circumstances that involved resting their elbow on their gun. I don't have the cite, there is a case where lifting the shirt to expose the gun was enough. It's all about the circumstances.

TFred

Morris v. Commonwealth. http://www.courts.state.va.us/opinions/opnscvwp/1032714.pdf

Wonder why I know about that case?

stay safe.
 
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