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And it basically means to show a weapon in a very agressive and threatening manner.
Mmmm hmmm, and brandishing can be interpreted as the mere presence of a weapon, of any kind, in many places. In a holster, in plain sight, is 'brandishing' if it is construed that the weapon causes intimidation. The intent to use said weapon is irrelevant if the complaintant THINKS you might. Had this happen to me once. I did not have a gun, but I had a holster on after returning from a range session, and this person called the police. It was ...interesting. The police were pretty disgusted on responding ,and finding out the true story of the 'incident', but it was informative as to what actually constitutes 'brandishing'.
The instructor of my CCW course covered "brandishment" () pretty thoroughly. He stressed very heavily that a concealed weapon needs to stayconcealed. Someone merely needs to see it and you could lose your right to carry forever. Scary stuff.
If I carry in the open and that scares you? yet if I put a badge on my shirt and its ok? I have been out fishing in MT, wearing a pistol openly, no bad reactions from campers thinking im going to shoot them. no I dont wear it to church, openly
The instructor of my CCW course covered "brandishment" () pretty thoroughly. He stressed very heavily that a concealed weapon needs to stayconcealed. Someone merely needs to see it and you could lose your right to carry forever. Scary stuff.
Yep, concealed means just that. Hide it but good. I believe that AZ provides for open carry , however. I know they used to, I don't think it's been changed. NV used to allow open carry, but changed that when the new CCW 'shall issue' rules went into effect. Open carry out in the scrub is one thing, but walking into the local 7-11 with a model 29 on your hip is quite another. Urban areas frown on open carry, for the most part. Last time I was in Phoenix I saw all kinds of people carrying out in the open. That was back in 99 or so. Nobody seemed ...uncomfortable. Except perhaps the bad guys, these types being pretty inconspicuous.
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Originally Posted by TKramar
So why is "brandishment" a crime in most places? Look it up for the definition.
Assault is a crime in most places as well and the definition is fairly loose. Assault does not necessarily mean that you struck someone with a fist or a weapon (that would be battery). It means that you made someone feel threatened. Harsh language or yelling can be assault depending on how litigious the victim is and how good his or her lawyer is.
Brandishing is similar in principal, its just far easier to make someone feel threatened by the mere sight of a firearm.
Do you think the OP would have a rational response to a fleeting glimpse of a 1911 in a shoulder holster under the jacket of a CCL holder? I think (s)he would fly into a panic and feel very much endangered, threatened and under assault. That's why brandishing is illegal.
By the way, people in Montana just seem to be more laid back and common-sensical. Everyone is familiar with guns, everyone probably owns guns, so no one loses their faculties at the sight of a *gasp* exposed handgun.
Yep, concealed means just that. Hide it but good. I believe that AZ provides for open carry , however. I know they used to, I don't think it's been changed. NV used to allow open carry, but changed that when the new CCW 'shall issue' rules went into effect. Open carry out in the scrub is one thing, but walking into the local 7-11 with a model 29 on your hip is quite another. Urban areas frown on open carry, for the most part. Last time I was in Phoenix I saw all kinds of people carrying out in the open. That was back in 99 or so. Nobody seemed ...uncomfortable. Except perhaps the bad guys, these types being pretty inconspicuous.
Open carry is very much the "law" in Arizona.
It is not uncommon at all to see someone with a firearm on their belt in a Circle K, gas station, fast food resturant -
I wish Texas had an open carry law...Do you have to have a permit in Arizona to open carry?
No permit to open carry in AZ.
The only thing you need a permit for in AZ is CCW and Class III/NFA stuff (machine guns).
Otherwise, to purchase a regular handgun or rifle, no permits are required.
I may be wrong, but I am pretty sure I could walk down the street with my AR-15 slung on my back, and technically not be doing anything wrong.
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) pretty thoroughly. He stressed very heavily that a concealed weapon needs to stay concealed. Someone merely needs to see it and you could lose your right to carry forever. Scary stuff.
