5 ms·

That’s called brandishing and it’s still illegal

by 3-cheese-sundae 4y ago

staticautomatic 4y ago
Also could be civil assault
- User23 4y ago
  There’s a wide misconception that assault is an act if violence but legally it’s merely the unlawful threat of violence, which is of course implied by actual unlawful violence. Unholstering or otherwise displaying a firearm is assault by definition unless there’s a justifiable reason to do so. Edit: re: assault: https://www.findlaw.com/criminal/criminal-charges/assault-and-battery-overview.html https://www.findlaw.com/criminal/criminal-charges/assault-an... “In most states, an assault or battery is committed when one person physically strikes or attempts to physically strike another, or when they act in a threatening manner to put another in fear of immediate harm.”
  - staticautomatic 4y ago
    Maybe. Depending on the state I’d bet there’s common law saying otherwise.
  - staticautomatic 4y ago
    Re: your edit, point is that doesn’t necessarily mean unholstering a weapon is assault as a matter of law.
technothrasher 4y ago
Depends upon the jurisdiction. For instance, there was a bill in Massachusetts in 2013 that had a provision making brandishing illegal, but the bill did not pass. There are no current statutes that I am aware of making brandishing specifically illegal in the state. Case law does reference brandishing quite a bit (mostly with a knife) and is used most often to show intent or where an assault or other crime has also taken place. (e.g. a perpetrator brandished a knife and then ordered a victim to perform an action against their will, or a perpetrator brandished a firearm to win an argument and was then found not to have a license for it). Brandishing alone could be considered an assault I suppose, but I don't really see that much in case law. I think because its pretty rare for somebody to brandish a weapon with intent to harm and then not follow up with further criminal actions.
stevenicr 4y ago
I have heard some people say this - and I am sure you may find some that wanted to charge it that way.. but I'm not sure that holding a firearm at your waist pointed toward the ground is necessarily brandishing or illegal. Surely other factors could contribute to make such a situation more or less a threat - things said, or even a particular location compared to another. I understand the GP comment person feels that such a thing is threatening, but I disagree with the blanket statement there too.. someone holding a firefarm does not mean they intend to, or are threatening to use it, imho.. just like someone pulling a phone out of their pocket and holding towards the ground does not mean they are going to call 911 - now that would be different if they pulled it out and said they were going to call.. but the act of pulling it out of one' pocket and holding it doesn't not imply they are going to use it for nefarious purposes in of itself. Although I would consider them more ready to - and therefor deserving more acute attention and awareness. Not a lawyer so I don't know for sure.. I just feel that someone holding a firearm in a downward position is not a direct threat like someone pointing it at a person - which then becomes brandishing / illegal in most circumstances afaik.
- bitcuration 4y ago
  At least in California, just touching holster is considered brandishing. Not sure it's the same in Texas though.

That’s called brandishing and it’s still illegal

staticautomatic 4y ago

Also could be civil assault

User23 4y ago
There’s a wide misconception that assault is an act if violence but legally it’s merely the unlawful threat of violence, which is of course implied by actual unlawful violence. Unholstering or otherwise displaying a firearm is assault by definition unless there’s a justifiable reason to do so. Edit: re: assault: https://www.findlaw.com/criminal/criminal-charges/assault-and-battery-overview.html https://www.findlaw.com/criminal/criminal-charges/assault-an... “In most states, an assault or battery is committed when one person physically strikes or attempts to physically strike another, or when they act in a threatening manner to put another in fear of immediate harm.”
- staticautomatic 4y ago
  Maybe. Depending on the state I’d bet there’s common law saying otherwise.
- staticautomatic 4y ago
  Re: your edit, point is that doesn’t necessarily mean unholstering a weapon is assault as a matter of law.

technothrasher 4y ago

Depends upon the jurisdiction. For instance, there was a bill in Massachusetts in 2013 that had a provision making brandishing illegal, but the bill did not pass. There are no current statutes that I am aware of making brandishing specifically illegal in the state. Case law does reference brandishing quite a bit (mostly with a knife) and is used most often to show intent or where an assault or other crime has also taken place. (e.g. a perpetrator brandished a knife and then ordered a victim to perform an action against their will, or a perpetrator brandished a firearm to win an argument and was then found not to have a license for it). Brandishing alone could be considered an assault I suppose, but I don't really see that much in case law. I think because its pretty rare for somebody to brandish a weapon with intent to harm and then not follow up with further criminal actions.

stevenicr 4y ago

I have heard some people say this - and I am sure you may find some that wanted to charge it that way.. but I'm not sure that holding a firearm at your waist pointed toward the ground is necessarily brandishing or illegal. Surely other factors could contribute to make such a situation more or less a threat - things said, or even a particular location compared to another. I understand the GP comment person feels that such a thing is threatening, but I disagree with the blanket statement there too.. someone holding a firefarm does not mean they intend to, or are threatening to use it, imho.. just like someone pulling a phone out of their pocket and holding towards the ground does not mean they are going to call 911 - now that would be different if they pulled it out and said they were going to call.. but the act of pulling it out of one' pocket and holding it doesn't not imply they are going to use it for nefarious purposes in of itself. Although I would consider them more ready to - and therefor deserving more acute attention and awareness. Not a lawyer so I don't know for sure.. I just feel that someone holding a firearm in a downward position is not a direct threat like someone pointing it at a person - which then becomes brandishing / illegal in most circumstances afaik.

bitcuration 4y ago
At least in California, just touching holster is considered brandishing. Not sure it's the same in Texas though.