OC in MO

[SixGunCowboy]

Completely wrong? Am I now? Whatever.

 

[LMTD]

Completely wrong? Am I now? Whatever.

Yes, completely. Use the internet, it is a cool tool to get fairly accurate information on such topics. It by no means converts one to a lawyer, but it can give one enough information not to continue to propagate ignorance which is actually a key element to our government control, it is easier to pass a law if everyone already believes it exist and it can float right in under the radar.

There are VERY specific guidelines regarding a threatening manner and the word brandishing is even used in the legalese description one has to use to make a probable cause statement to make an arrest.

You can either educate yourself or you can remain ignorant of such things, either way you have still made a choice. There is a host of information available on this webspace, unfortunately there is also a lot of misinformation and without regard of your distaste for myself calling it out, you are propagating misinformation and are presenting it as psuedo-factual when it is not even accurate.

To give you an exact example from a chargeable offense vs non-chargeable, I am brandishing a club and I say "I am going to bash your brains in" now Same situation, I am brandishing a club and I say "if those cops were not standing over there on the corner I would bash your brains in" The first one is absolutely chargeable as "assault" or even perhaps "assault with a deadly weapon" the second is NOT a crime, in fact I specifically stated I was NOT going to commit a crime and your feelings about it had no bearing what so ever on an officers ability to arrest. That is actually paraphrased from a probable cause training guide sir, not myself.

Brandishing is a word used as a verb or adjective, it in no way indicates a threat of any sort, it is typically used when a weapon is being waved about in an unsafe manner aka a firearm not pointed down or in low ready position, it does not mean it is automatically brandishing just having it in your hand. If having a firearm in your hand were brandishing and could draw a charge, we would have an awful hunting season now would we not?

My point is, relax a bit, try not to insert opinion into discussions that are discussing technicalities of law, it can get very confusing and no one is offering advice as a lawyer here, but a significant effort to keep information accurate is important to a great many here and that is why the holstered gun thread went where it did and why this one has as well.

Sorry if it offends you, that is not the intent, however no one pinned the nice guy badge on me yet so if you opt to take it personal, you will not be alone, I tend to offend a few without regard for intent.

Good luck

 

[mspgunner]

Yes, completely. Use the internet, it is a cool tool to get fairly accurate information on such topics. It by no means converts one to a lawyer, but it can give one enough information not to continue to propagate ignorance which is actually a key element to our government control, it is easier to pass a law if everyone already believes it exist and it can float right in under the radar.

There are VERY specific guidelines regarding a threatening manner and the word brandishing is even used in the legalese description one has to use to make a probable cause statement to make an arrest.

You can either educate yourself or you can remain ignorant of such things, either way you have still made a choice. There is a host of information available on this webspace, unfortunately there is also a lot of misinformation and without regard of your distaste for myself calling it out, you are propagating misinformation and are presenting it as psuedo-factual when it is not even accurate.

To give you an exact example from a chargeable offense vs non-chargeable, I am brandishing a club and I say "I am going to bash your brains in" now Same situation, I am brandishing a club and I say "if those cops were not standing over there on the corner I would bash your brains in" The first one is absolutely chargeable as "assault" or even perhaps "assault with a deadly weapon" the second is NOT a crime, in fact I specifically stated I was NOT going to commit a crime and your feelings about it had no bearing what so ever on an officers ability to arrest. That is actually paraphrased from a probable cause training guide sir, not myself.

Brandishing is a word used as a verb or adjective, it in no way indicates a threat of any sort, it is typically used when a weapon is being waved about in an unsafe manner aka a firearm not pointed down or in low ready position, it does not mean it is automatically brandishing just having it in your hand. If having a firearm in your hand were brandishing and could draw a charge, we would have an awful hunting season now would we not?

My point is, relax a bit, try not to insert opinion into discussions that are discussing technicalities of law, it can get very confusing and no one is offering advice as a lawyer here, but a significant effort to keep information accurate is important to a great many here and that is why the holstered gun thread went where it did and why this one has as well.

Sorry if it offends you, that is not the intent, however no one pinned the nice guy badge on me yet so if you opt to take it personal, you will not be alone, I tend to offend a few without regard for intent.

Good luck

We ar enot lawyers and even if there were a few here it might be difficult to get a clear read on the whole subject of Brandish and all..
LMTD, you are right, you are an equal opportunity offender. That's why we love you, equal treatment, no holds bared, fair and honest.

The whole "legal" interpretation may or may not ever be told, just depends if a judge wil ever interpret it for us, after all arn't their interpretations what really make the laws? It's called legislating from the bench, many are very good at it, even if we think they are totally out in "left" field.

 

[Redbaron007]

........snip........

Sorry if it offends you, that is not the intent, however no one pinned the nice guy badge on me yet so if you opt to take it personal, you will not be alone, I tend to offend a few without regard for intent.

Good luck

Oh No!!! I've been lied to, again!!

I thought your were!!! :uhoh: