OK, well if there's no brandishing stature in WI, then so be it.
For some context, let's consider Virginia's brandishing law:
A. It shall be unlawful for any person to point, hold or brandish any firearm or any air or gas operated weapon or any object similar in appearance, whether capable of being fired or not, in such manner as to reasonably induce fear in the mind of another or hold a firearm or any air or gas operated weapon in a public place in such a manner as to reasonably induce fear in the mind of another of being shot or injured.
http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-282
And my dictionary:
brandish |ˈbrandiSH|
verb [ with obj. ]
wave or flourish (something, esp. a weapon) as a threat or in anger or excitement.
I would describe this manner of carrying as "waving" or even "flourishing". I don't care to cite (sorry), but I seem to recall instances where the threatening reference to a non-held firearm has been successfully prosecuted as brandishing. So I don't think the "hands on" rule is hard and fast, depending on how the law is worded.
As to aggression, it's clear that reckless endangerment is aggressive. Whether this constitutes reckless endangerment is up for debate. I would argue that it does.
To do so, I'd like to respond to davidmcbeth's remark:
Guns don't mysteriously discharge.
No, but they do when something enters the trigger guard and depresses the trigger. What, exactly, is preventing that with slung carry? This is why it's important to have redundancy in gun safety: do not allow the muzzle to point at something you don't wish to be destroyed.
A shoulder holster does allow the gun to sweep passersby, but it also protects the trigger from being contacted.
It seems to me that this mode of carry inherently violates one rule of gun safety, and does nothing to address another. If the gun is loaded, it's an accident waiting to happen.
Any number of things can snag in an exposed trigger guard, carrying during daily routines. This mode of carry
is not safe.
I am
not comfortable being swept with a self-defense weapon which is (therefore) presumably loaded.
If the law doesn't address it, then so be it. I will, however, engage in the rigorous shunning of anyone who threatens my safety with careless handling of weapons.
For the record, I didn't say this guy should be prosecuted. I merely opined that, were he, and were I on the jury, I'd wouldn't be uncomfortable convicting. That's a fact, it's my judgment, and I won't apologize for it.
How difficult is it to sling the rifle properly, anyway? :lol:
As far as I am concerned, you can carry a rifle all day. Just don't point it at me (or allow it to be pointed at me), OK?