National Carry AcademyWHAT DOES THE LAW SAY ABOUT BRANDISHING?
August 19, 2016
It is important for anyone who carries a gun to know what brandishing is and what the law says about it. Brandishing is nothing more than pointing your gun or holding your gun to threaten someone. Most states have laws about brandishing that state:
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 a 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. Persons violating the provisions of this section shall be guilty of a Class 1 misdemeanor or, if the violation occurs upon any public, private or religious elementary, middle or high school, including buildings and grounds or upon public property within 1,000 feet of such school property, he shall be guilty of a Class 6 felony.
Any police officer in the performance of his duty, in making an arrest under the provisions of this section, shall not be civilly liable in damages for injuries or death resulting to the person being arrested if he had reason to believe that the person being arrested was pointing, holding, or brandishing such a firearm or air or gas operated weapon, or object that was similar in appearance, with intent to induce fear in the mind of another.
Even if you are not pointing or holding a real gun, but something that looks like a gun, you can be charged with brandishing. Additionally, you may not be pointing your gun at someone to shoot them, but if someone sees you with a gun and thinks you are going to shoot them and becomes afraid and reports you, you can be charge with brandishing.
If you draw your weapon, make sure you expect to use deadly force for self-defense. “Any person engaged in excusable or justifiable self-defense” will not be considered brandishing. Even if you do not shoot your weapon, if you draw your weapon in self-defense with the intent to shoot a threat, you are not brandishing.
When you carry a gun, you need to use situational awareness to stay alert and assess a threat and only pull your weapon if you intend to use it.
Nancy Thorne is founder and principal of Thorne Business Research. With more than 30 years experience as an information research and writing professional in small business, trade associations and large corporate environments. She has expertise in writing blog posts, articles, newsletters and reports for a diverse group of clients in a wide variety of industries. Prior to becoming an independent writer and information professional, Ms. Thorne held research and analytical positions with Bank of America and Citicorp and was a licensed teacher of English.
WHAT DOES THE LAW SAY ABOUT BRANDISHING?
August 19, 2016
It is important for anyone who carries a gun to know what brandishing is and what the law says about it. Brandishing is nothing more than pointing your gun or holding your gun to threaten someone. Most states have laws about brandishing that state:
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 a 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. Persons violating the provisions of this section shall be guilty of a Class 1 misdemeanor or, if the violation occurs upon any public, private or religious elementary, middle or high school, including buildings and grounds or upon public property within 1,000 feet of such school property, he shall be guilty of a Class 6 felony.
Any police officer in the performance of his duty, in making an arrest under the provisions of this section, shall not be civilly liable in damages for injuries or death resulting to the person being arrested if he had reason to believe that the person being arrested was pointing, holding, or brandishing such a firearm or air or gas operated weapon, or object that was similar in appearance, with intent to induce fear in the mind of another.
Even if you are not pointing or holding a real gun, but something that looks like a gun, you can be charged with brandishing. Additionally, you may not be pointing your gun at someone to shoot them, but if someone sees you with a gun and thinks you are going to shoot them and becomes afraid and reports you, you can be charge with brandishing.
If you draw your weapon, make sure you expect to use deadly force for self-defense. “Any person engaged in excusable or justifiable self-defense” will not be considered brandishing. Even if you do not shoot your weapon, if you draw your weapon in self-defense with the intent to shoot a threat, you are not brandishing.
When you carry a gun, you need to use situational awareness to stay alert and assess a threat and only pull your weapon if you intend to use it.
Nancy Thorne is founder and principal of Thorne Business Research. With more than 30 years experience as an information research and writing professional in small business, trade associations and large corporate environments. She has expertise in writing blog posts, articles, newsletters and reports for a diverse group of clients in a wide variety of industries. Prior to becoming an independent writer and information professional, Ms. Thorne held research and analytical positions with Bank of America and Citicorp and was a licensed teacher of English.