5 ms·

I'm familiar with the idea of "brandishing" being illegal, but I looked it up anyway. I found https://en.wikipedia.org/wiki/Menacing https://en.wikipedia.org/wi

by why_at 1y ago

I'm familiar with the idea of "brandishing" being illegal, but I looked it up anyway. I found https://en.wikipedia.org/wiki/Menacing https://en.wikipedia.org/wiki/Menacing which says "Self-defense is often explicitly given as an exception." It seems like then it would be legal to draw a gun without firing if it was in self defense? I have a hard time believing that there are any cases where shooting someone in self defense would be legal, but scaring them away wouldn't.

esseph 1y ago
"There are various situations in which brandishing a firearm may occur. For instance, pulling out a gun during an argument or altercation with another person could be considered brandishing. Additionally, waving or gesturing with a firearm in a manner that suggests aggression or hostility towards others may also constitute brandishing. It is crucial to understand that even if no shots are fired, and no physical harm is inflicted, the mere act of displaying a weapon in such circumstances can lead to serious legal consequences." Source: https://www.dischleylaw.com/blog/2024/june/understanding-the-definition-and-implications-of/ https://www.dischleylaw.com/blog/2024/june/understanding-the...
asa400 1y ago
This is not exactly what you’re referencing but I bring it up to show just how complicated things can be: Minnesota recently ruled that you do not have the right to use deadly force if you have the opportunity to escape. And this is the crucial bit, quoting the article: “The court decided the principle also applies to people who merely use the threat of force — meaning one cannot pull a weapon in self-defense if there are other means to escape, even if the person is threatening them with death or bodily harm.” https://www.cbsnews.com/amp/minnesota/news/minnesota-supreme-court-self-defense-duty-to-retreat/ https://www.cbsnews.com/amp/minnesota/news/minnesota-supreme...
- BeetleB 1y ago
  That's pretty standard in non-"stand your ground" states (with the possible exception of your own home). The whole point of "stand your ground" is that you do not have the responsibility to escape.
- tshaddox 1y ago
  But again, there's no distinction between brandishing and shooting. The Minnesota law applies both to brandishing and to shooting.

by why_at 1y ago

esseph 1y ago

"There are various situations in which brandishing a firearm may occur. For instance, pulling out a gun during an argument or altercation with another person could be considered brandishing. Additionally, waving or gesturing with a firearm in a manner that suggests aggression or hostility towards others may also constitute brandishing. It is crucial to understand that even if no shots are fired, and no physical harm is inflicted, the mere act of displaying a weapon in such circumstances can lead to serious legal consequences." Source: https://www.dischleylaw.com/blog/2024/june/understanding-the-definition-and-implications-of/ https://www.dischleylaw.com/blog/2024/june/understanding-the...

asa400 1y ago

This is not exactly what you’re referencing but I bring it up to show just how complicated things can be: Minnesota recently ruled that you do not have the right to use deadly force if you have the opportunity to escape. And this is the crucial bit, quoting the article: “The court decided the principle also applies to people who merely use the threat of force — meaning one cannot pull a weapon in self-defense if there are other means to escape, even if the person is threatening them with death or bodily harm.” https://www.cbsnews.com/amp/minnesota/news/minnesota-supreme-court-self-defense-duty-to-retreat/ https://www.cbsnews.com/amp/minnesota/news/minnesota-supreme...

BeetleB 1y ago
That's pretty standard in non-"stand your ground" states (with the possible exception of your own home). The whole point of "stand your ground" is that you do not have the responsibility to escape.
tshaddox 1y ago
But again, there's no distinction between brandishing and shooting. The Minnesota law applies both to brandishing and to shooting.