In some states it is a crime to Brandish a Weapon.

[sirrduke2010]

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.

 

[crsides]

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

 

[BaldEagle1313]

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.

 

[tops]

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

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

 

[WC145]

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

 

[BaldEagle1313]

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

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.

 

[CelticSire]

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.

 

[Kanewpadle]

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.

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.

 

[photoman]

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.

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

 

[Martya]

It's safe to say that all states have laws against brandishing.....

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.

 

[venomballistics]

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.

 

[WC145]

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.

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.

 

[feralmerril]

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

 

[5BeansintheWheel]

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.

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

 

[AKsRule]

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

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.

.

 

[WC145]

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

It does, if your doing it as a threat.

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.

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-

They said Stern held the handgun up to them as they turned onto Emrick Boulevard and he passed them, police said.

Stern told police that Oakley twice waved his arm out of the car and appeared to "flip him off" with a finger, the affidavit says. Stern said he displayed the pistol only to tell Albanese and Oakley to leave him alone, police said.

"I displayed my pistol in an effort to get them to back off, let it go," Stern is quoted by police as saying. "But I never pointed it at them."

I guess PA has laws against that sort of thing-

Stern was arraigned by District Judge James J. Narlesky on charges of terroristic threats, simple assault, reckless endangerment, disorderly conduct and harassment.
He was sent to Northampton County Prison under $25,000 bail.

 

[Texas Solo]

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.

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.

 

[gunfighter48]

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.

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.

 

[BaldEagle1313]

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.

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.

 

[sirrduke2010]

The Brandishing Law Varies from State to State.

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.