imported post
spectr019 wrote:
I do have ONE more question!!! I tend to wear beaters with an unbuttoned kinda casual shirt over it with a shoulder rig holster. Since I've gotten my CCW I always button the few bottom bottoms fearing that if my guns were exposed that would be considered brandishing....is that considered OC?
Ben
In my experience it would not be considered brandishing because you never actually touched the weapon, most time to be actually considered brandishing you have to be touching the weapon, if you shirt just happens to slide up you didn't touch the weapon so your not brandish.
I looked for a good definition of brandishing, and all i have found is that it is a much debated issue.
There for in my feelings and from the law enforcement i have done, to me I would not consider that brandishing, basically because of the reason's i pointed out before.
Ok, lets say you have your shoulder rig on and you weapon is hiding under your shirt. You go to reach for your wallet and have to move your shirt to get to it. In the process of this you accidentally move the shirt to where the weapon is visible. You never actually put your hand on the weapon, touch the holster, or make any jester towards the weapon. You grab your wallet pay for what you pay for, and put your wallet back.
You never touched the weapon, so there for you didn't brandish. My feelings on this is if it's in your hand or your touch the butt of it, you are showing deadly force which is brandishing in a civilian environment. If you don't touch it it's not brandishing, but that won't matter to a cop or anyone if you can't actually prove it.
My suggestion is to use your best judgment but remember most brandishing laws describe you waving, touching, pointing, gesturing with the weapon, meaning it has to be in your hand for most of those. You can gesture the weapon just by simply opening your shirt and saying i have a gun thats a show of deadly force. If you just open your shirt in an aggressive manner your brandishing. If you just open your shirt to get something from your pocket your not brandishing in my book...
Just remember use your best judgment.....
This is one debate that will go on forever, one mans brandishing is another mans, i was reaching for my wallet.
°-° Mørß °-°