bom1911
Regular Member
Well, that was painful to read.
I bet dozens of others now have a firm idea of what the word brandish commonly means and that unless State law (NC law, in this case) says otherwise, the common definition is the one that judges would apply.
Bottom line: The OP did not brandish, no matter what the uninformed might insist upon.
Under "Huntley", the guilt or innocence of a person being accused of GAttTotP hinges ENTIRELY on the intent of the person in their display of a firearm. If they display a firearm with the INTENT of causing fear, alarm, or to terrify, they are guilty.For any lawful purpose--either of business or amusement--the citizen is at perfect liberty to carry his gun. It is the wicked purpose, and the mischievous result, which essentially constitute the crime. He shall not carry about this or any other weapon of death to terrify and alarm, and in such manner as naturally will terrify and alarm a peaceful people.
How about this then: You are posting in the wrong sub-forum. The title of this sub-forum is "True Tales of Self Defense". I don't consider your "tale" to be anything about or related to self defense.
I felt in acaordence with my security training I did the best possible I serrated the parties involved isolated the witnesses, and notified the police while keeping the aggressor at a distiance.
I guess it is easy to criticizes filed decisions from an armchair but this is what happened/
then lets just just a mod to delete this whole mess then
I think the OP did just fine.
I've heard nothing to change my mind. OP acted with admirable restraint and self control. Bad guy ran away. Victim stopped getting beat up. Nobody got killed. Everybody walked away. What's wrong with this picture? Nothing. The OP did just fine. Police agreed. Case closed.
As for the legal wrangling about whether "brandishing" took place or not, or whether the same act would have been illegal in VA, here's our statute:
� 18.2-282. 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 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. However, this section shall not apply to any person engaged in excusable or justifiable self-defense.
I've heard nothing to change my mind. OP acted with admirable restraint and self control. Bad guy ran away. Victim stopped getting beat up. Nobody got killed. Everybody walked away. What's wrong with this picture? Nothing. The OP did just fine. Police agreed. Case closed.
As for the legal wrangling about whether "brandishing" took place or not, or whether the same act would have been illegal in VA, here's our statute:
� 18.2-282. 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 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. However, this section shall not apply to any person engaged in excusable or justifiable self-defense.
I do not care about laws about other states laws, or any other arguments I feel I did the right thing, and I did not post the story on here to gloat over yay I'm a hero bu to get feedback. as on now all I have is criticism.
Ditto +1. Those were my thoughts too.
basically I see it like this, My stepping in prevented further injury to the AM and the asulted party, after reviewing the case with the responding officer and his capt there was no reason to charge me and I was auctually thanked for my actions.
According to some people in need training, and the 3 years of military training and 2 years of security training doesn't count.
I do not care about laws about other states laws, or any other arguments I feel I did the right thing, and I did not post the story on here to gloat over yay I'm a hero bu to get feedback. as on now all I have is criticism.
This is the end of my posting here.
(oh and I was promissed as to got going GTToTP, since my interventions were to protect lives and property and not simply to terrorize somone)
yeah, folks are just flat ignoring that you went to the aid of an assault victim and were threatened with violence yourself.
I don't get it.
� 18.2-282. 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 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. However, this section shall not apply to any person engaged in excusable or justifiable self-defense.