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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 po
by 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 agoAt least in California, just touching holster is considered brandishing. Not sure it's the same in Texas though.