If your state doesn't have a carrying on the outside law displaying your gun, even if you have a CCW, could be seen as Brandishing a Weapon which is Misdemeanor. In some states Brandishing a weapon could be as simple as displaying it. In those states this is over and above showing it threateningly or waving it over your head. Review you state laws on this one.

From way back, I remember it is against the law in NC to go armed to the terror of the public. Leaves a lot to interpretation.



Charlie

If you're in downtown Seattle with a weapon displayed you'd likely get a brandishing charge, with a possible disturbing the peace and maybe even inciting a riot.

Open carrying a pistol in NC is not "armed to the terror of the public". Open carry is legal in NC. If the pistol is covered up and you have a concealed permit it doesn't matter if the gun "prints". Larry

It's safe to say that all states have laws against brandishing. However, just carrying a weapon openly in a holster does not constitute brandishing, it is an act beyond mere possession.

Per Merriam-Webster:

Definition of BRANDISH
1: to shake or wave (as a weapon) menacingly
2: to exhibit in an ostentatious or aggressive manner

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Don't kiss smiling dogs!

Mere possession isn't brandishing. You know it, I know it, the cop probably knows it.

The person frantically calling 9-1-1 screaming "he has a GUN!" doesn't know it. The mere fact that you have one is menacing enough for them.

Just because you are in the right doesn't mean you won't get caught up in someone's else's hysteria.

Texas Penal Code:

Sec. 46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER. (a) A license holder commits an offense if the license holder carries a handgun on or about the license holder's person under the authority of Subchapter H, Chapter 411, Government Code, and intentionally fails to conceal the handgun.

§ 6.03. DEFINITIONS OF CULPABLE MENTAL STATES. (a) A
person acts intentionally, or with intent, with respect to the
nature of his conduct or to a result of his conduct when it is his
conscious objective or desire to engage in the conduct or cause the
result.

Not neccessarily. I know guys that open carry all over the Puget Sound region. They get questioned at times, but since it's legal that's about it.

It all depends on the cop that your dealing with.

Please note that this only applies while carrying under the authority of your CHL. One can open carry in Texas under certain circumstances.

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Centennial Every Day

PA doesn't have a 'brandishing' law. Open carry is allowed in PA without a license, except in Philly, where open carry requires a license to carry firearms (LTCF), as does transporting in a vehicle.

I am not familiar with any occurrence of this, however, there is some talk of perhaps being charged with terroristic threats if one waves a gun around in suggestive or threatening manner.

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Marty 4513TSW 13-1 642 60-10

the issue of brandishing is well addressed in the NE CCW course.
concealed means concealed, weather it prints or not may vary from state to state.
about the only time I open carry is in the back woods where it is a normal and accepted practice ... even then, I favor concealed.

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it just needs more voltage

PA doesn't have a law against threatening with a firearm? I'll bet they do. It may not be called brandishing, but that's what the act of threatening while using your gun to "emphasize" your point is, whether they use the term in the text of the law or not.

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Don't kiss smiling dogs!

I thought brandishing meant physicaly holding the gun and waveing it around?

You will not be charged with brandishing a gun in Pa, because it does not exist. They will throw every law they can at you though, as this guy found out.

Bethlehem Township driver shows pistol as he passes, police say - Morning Call

PA has no "Brandishing" Law.

Open Carry is legal here.

We also now have a FULL "castle Law"

Pointing a gun at someone to defend yourself is therefore legal.

Of course If you just go around threatening people with your gun that would be assault with a deadly weapon or maybe reckless endangerment.

.

It does, if your doing it as a threat.

Open carry has nothing to do with brandishing.
The castle law has nothing to do with brandishing.
Pointing a gun at someone in self defense is not brandishing.

Like I said before, brandishing is an act (see the definition) and even if PA law doesn't specifically use the term "brandish" in any form, they have laws forbidding the act as you can see in the article in the link 5beans posted. The guy in the car was brandishing his weapon. Even though they never used the term, he was charged for his act - so the act of waving your gun around or showing it in a threatening manner, ie: "brandishing", is illegal in PA.

This, by definition and by any other name, is brandishing-
I guess PA has laws against that sort of thing-

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Don't kiss smiling dogs!

Reads fairly simple to me. Keep it concealed unless you're justified in using it. Accidental "flashing" is is covered in 46.035 with the use of the word "intentionally".

God bless Texas.

The Attorney General of Washington State sent a ruling to ALL Washington Police forces telling them that open carry is legal in Washington State. This was done about 3 years ago. He stated most emphatically that citizens were not to be harassed for open carry. Simply openly carrying a firearm does not constitute brandishing. While you may get stopped and question, the cops are not allowed to bring you up on bogus charges just because they don't like open carry. Police Departments know better than to take on the Attorney General. A few tried and got smartly slapped down for their efforts. If I remember correctly Seattle was one that tried and the Attorney General basically said cease and desist or face legal prosecution. Haven't heard of any abuses since then.

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gunfighter48
NRA Life Member

I was perhaps a bit over the top, but I think the problem is not the police but the citizen calling them. The cop has to respond to the citizen complaint, because all they're going to be told is "there's a man with a gun". And that person calling in will likely not be calm and factual; instead they'll be just short of panic.

I know open carry is legal, but I wouldn't do it just to avoid the hassle. Better to have your permit and carry concealed.

Since he's running for the job, hopefully that Attorney General will be Governor next year.

In some states merely exposing a gun to view is brandishing and pointing a weapon at someone with an intent to shoot could be considered Brandishing or assault with a deadly weapon even if you don't intend to shoot the weapon. Brandishing is also about making threats with your weapon and pointing it at someone is making a threat. Unfortunately the laws are varied from state to state. In CA if you point a gun at someone it is brandishing a weapon but it could also be considered assault with a deadly weapon and it could get you a mandatory prison sentence. Be smart those with a CCW, if the law doesn't permit open exposure, keep the gun hidden at all times. One extra note that some policeman have been know to over-react when they come across someone with a gun on them even if they have a CCW. No insults intended at anyone that is or was a police officer because they have a dangerous job and every time they stop someone for a traffic stop it is another instance of them putting their life on the line.

Defensive Display is now legal in Arizona:

114 / SB 1243 / §13-421 / Defensive display of firearms protection

"Defensive display of a firearm" means:
1 - Verbally telling someone that you have a firearm or can get one;
2 - Exposing or displaying a gun in a way that a reasonable person would understand means you can protect yourself against illegal physical or deadly physical force; and
3 - Placing your hand on a firearm while it is in your pocket, purse or other means of containment or transport.

Defensive display is justified when and to the extent a reasonable person would believe physical force is immediately necessary to protect yourself against another person's use or attempted use of unlawful physical or deadly physical force. A defensive display is not required before using or threatening physical force, in a situation where you would be justified in using or threatening physical force.

Defensive display is not justified if you intentionally provoke the other person, or if you use a firearm in the commission of a serious offense or violent crime (defined in §13-706 and §13-901.3).

This important new law clarifies that a proper defensive reach for or announcement of firearm possession is an acceptable element in the continuum of self defense, and should not be charged as a crime. Improper display of a firearm can be anything from a class 1 misdemeanor (e.g., disorderly conduct) to a class 3 felony (e.g., aggravated assault). It also helps balance out the problematic and arbitrary "threatening exhibition" of a gun allegation that prosecutors can make in charging a felony as a "dangerous offense" (§13-702 and 704). The threat of this extra charge can be used to coerce a plea agreement, and now this is balanced with a specified stipulation of proper display of a gun without firing at a potential assailant.

California has two situations:

http://caag.state.ca.us/firearms/forms/pdf/hscsg.pdf page 39

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Hook686

I agree, there is a line between 'defensive display' & 'brandishing'. Let's remember, if you pull a gun it doesn't mean you HAVE to use it.

Then again, lack of action/follow though, when called for, has cost lives. One can't possibly provide one answer for a multitude of scenarios.

As "Beauty is in the Eye of the Beholder" so is "Intentionally failing to conceal" A law firm in Houston that provides coverage to CHL HOLDERS in Texas sent out a newsletter that indicated that the firm knows of no case where a holder was charged because his firearm was exposed because of a gust of wind blowing a shirt or jacket open, or because the outline of the firearm merely printed.....but wear a spandex body suit with your Colt 1911A1 underneath and one might be able to say that even though it was under "clothing" it was clearly discernable to ordinary view."

Ive had an unfortunate experience with the 'brandishing' statute.


Took a girl out for a lunch date, all went well until I had to stop into walmart. Gun was in the car and rather than risk alarming my date I explained carefully that I had a concealed weapons permit and if she felt alarmed. Girl said she was completely OK with it like the other three times I made this speech before on prior dates and went to Wally World like usual. Dropped her off and life was good.

5 hours later I get a text out of the blue saying she felt threatened and so on and so forth.I explained she didn't seem threatened, and she accused me of pulling my weapon on her. Odd, as in the car the girl was totally normal in behavior before and afterwards.

Rather than wait for her to file a false report and really jack me up I dropped what I was doing and went directly to the local police station to file a report on her conduct.I showed the LEO the text thread from her on my phone showing the random accusations she made.

He called her and he got the picture that the girl was crazy, so he sat down and discussed some pointers before letting me go on my merry.

Turned out the LEO was a gun guy himself and a firearms instructor for the local PD,and completely understood my perspective on the matter.

That said he made it clear that that I could be charged with brandishing as the basis is on whether someone 'feels' threatened, not whether something threatening actually happened.Bottom line-his words are that the gun needs to stay concealed at all times in public, period.


This applies even in your own vehicle . If you pull up to a courthouse or post office and you clear and store the weapon before entering you had best ensure there is no one around to see it,or a holophobic gun scared witness could call the cops on a man 'brandishing' a firearm and you would be charged with the crime as you intimidated someone with a publicly displayed weapon.True, you were clearing it so that you could legally go to court and the charge will obviously not stick,but lawyers are not cheap.


Not trying to say this applies everywhere, but that business threw me for a loop as here in South Dakota I can openly carry or conceal carry as I see fit.Its nuts that if I tell my date im armed in my own vehicle I can go to jail,but openly carrying that same holstered firearm outside the car is legal. It is what it is, so just like that LEO told me...keep it concealed to avoid problems.

There's bound to be lots of opinions on this one but ...... why would anyone want to "show" their concealed weapon unless they are defending themselves?

For me ~ I can't imagine drawing or showing my weapon unless I fully intended to pull the trigger.

The CCW instructors I had in 3 recent classes covered this too.

My wife and I just renewed our carry permits. It is so easy to get in Washington (NOT to infer it is sloppy), that I would seriously question why anyone would need or want to open carry in lieu of concealed carry. A background check, the normal questions and fingerprint check. Took about 15 minutes to apply, and $60. First permit came in 10 days. Renewal was $30 bucks and came in less than 30 days.

Just picked up a pistol I ordered last night-cash and carry with a permit.

My youngest brother lost his carry permit in Arizona for brandishing a few years ago. He showed his pistol to forestall some road rage. However, that's his story and I wouldn't (don't) believe him anyway. He's not one I would want carrying due to his temper.

Hmmm...I didn't know that. I didn't think you could open carry in Texas under any circumstances. Well, of course I don't mean LEOs, and you can open carry on your private property. I assume you mean in public...if so, what are those circumstances?