i read on another post that someone was charged with "brandishing", what's the deal?

the reason i ask is: one year ago, my Jeep got vandalized, nothing stolen. ticked me right off, cops said good luck, buy another window - fair enough. since then, i have installed a video camera which tapes at night, but i can keep an eye on my driveway via picture-in-picture. sure enough, two weeks ago, a guy came sauntering down the sidewalk (after 12:00 am) and i thought nothing of it, untill he slowed, stopped, and peeked in the window of my girlfriends car! i guess he was looking for a CD player or something to come back for. by the time i ran down the stairs, and flung the door open, he was gone. i later thought of what would i have said, anyway? "get the ---- out of here" came to mind, but the guy was clearly bigger than me - so i thought maybe if he saw the old 12 guage, he would LISTEN to my request, and never return.

IF i said get the --- out of here, while holding a gun, could he call the cops and have ME arrested??? also, do you all think that this would be a prudent course of action to begin with? thanx in advance!

If you could see him out a window that you could open, open it and inquire "IS THERE SOMETHING I CAN HELP YOU WITH?!".  

Advantages:  

*no physical confrontation to worry about

*within reach of a phone to call in a burglar

*you're in your "safe" zone...if he tries anything, most likely it looks less like you're "bringing the fight to him", and you possibly have cover if he tries to engage you from outside, as well as have the advantage if he's stupid enough to come into your residence in "retaliation".  But that's extreme...most prowlers (outdoors in the open, that is) would probably run if confronted--especially by a sudden, loud voice and bright light in their face (another advantage to you).

Last word--check with your local cops on this...they'd appreciate info if you've seen someone sneaking around.

AFAIK NY law does not provide for the use of DPF to protect property. If fact you are required by law to “retreat” from the aggression if you can safely do so. Even if you caught him in the act of committing a larceny or criminal mischief of your vehicle you would not be justified.  

In NY you would most likely be charged with menacing for displaying a firearm under the circumstances you described. What if he was just confused or a had a little too much to drink and thought it was his car?

Call 911 the next time and don't put yourself in a position to get jammed up.

There are other states that do have provisions in the law to use DPF to protect property.

DISCLAIMER: This is not legal advice. Consult a qualified attorney to advise you concerning criminal liability and the applicable law in your state.

yeah, i didn't really mean USING the gun, just showing it to him so he knows that this is the wrong house to rob. i am a firm believer that if he gets away with robbing my jeep, he'll probably come back for my TV. also, if i called the police every time something shady happened in my shady neighborhood, eventually they would stop coming at all.

i do think that you both made a good point: maybe i should stay INSIDE the house and start with some neutral dialog, incase he was really just disoriented - (but i'll still keep the 870 near-by!) and keep a phone in hand. - thanx guys!

In NY you don't have to use DPF to be charged. The display of a firearm in a non-DPH situation is menacing.

Don't hesitate to call the Police. Most LEO's and their departments encourage the report of suspicious persons or activities. You also create a record of prior suspicious/criminal activity should you be involved a DPH situation.

Nothing wrong with keeping your 870 handy.[:D]

Hoora 870, I love mine. Its a wingmaster that I use for duck hunting, but I also got a foding stock for home security "suppliment". You coulda asked him his preference in shot size instead of whether or not you could help him. [0j]Subvertz

In the state that I live in, if you SHOW a weapon when there is NO DIRECT THREAT to you and yours of deadly intent...then you are guilty of "Brandishing".

(Just have a Throw Away handy...Have fun!)

My family used to report every time somebody vandalized, etc. Then, the police just started taking their own good time or not showing up at all. So, they just would ignore small problems and only call the police for the bigger ones. Also, I let the neighborhood punks see my shotgun when I take it out of my car and since then I have had no problems. Without menacing them, just let it become known that you are armed. Perhaps taking a firearm back and forth to and from your vehicle during mid-day all the time will get the message out. I would take my shotgun from my place to my vehicle every time I left the house. It didn't take long for the word to pass around that I was armed.

rkbar15, that's what i was looking for - i certainly don't want to be charged with menacing when i myself am trying to prevent it!

cc48510, that's been my experience also, yeah, the cops will come, but eventually... again, though, i agree with rkbar15 that creating a record for myself is a good idea - something i can use in my own defence (god forbid) like, "your honor, after repeated phone calls to the police..." perhaps i can be choosy and call only some of the time (i'd say at least 10-12 shady occurances per month). i also have made my being armed plain to my neighbors, during hunting season, range-day, they see my guns, but i think that the crooks are coming from near-by projects, and don't see them...

but here's another issue: if the crooks see my guns, it won't be long before i come home from work and find my safe ripped out of the wall and gone! my m4gery, the beloved 870 - i couldn't go on living!! not to mention, i fear the ramifications of high-powered weaponry in the hands of a crack-head-kook!

do you guys fear theft of your arms? what else can i do feal safer when i am away?

If your worried about some perp ripping off your toys get a good gun safe and good insurance rider.

As far as brandishing your weapon it will definately get you a pair of shiney bracelets and a free trip to county lockup for a threat. There is a big difference between a threat and just doing it. The modern day criminal has more rights than us and much better lawyers.

From the NYS Penal Law:

S 120.14 Menacing in the second degree.
 A person is guilty of menacing in the second degree when:
 1.  He or she intentionally places or attempts to place another person in reasonable fear of physical injury, serious physical injury or  death by  displaying  a deadly weapon, dangerous instrument or what appears to be a pistol, revolver, rifle, shotgun, machine gun or other firearm; or .........
 
Menacing in the second degree is a class A misdemeanor.

[url]http://assembly.state.ny.us/leg/?cl=82&a=27[/url]

Buy a couple of Laser pointers on Ebay.com for a few bucks.

Then the next time point the laser at the person in question, thru your window if possible.

That sounds like it may make someone soil their shorts.

yeah, a laser sight would be cool, but G forbid they turn around and sue me for "undetectable reduction in 20/20 vision" or some BS that a lawyer will undoubtedly come up with!



i think i'll just have the cops do their jobs, and stay in the background, phone in one hand - 870 in the other.

thanx guys!

Worse yet would be some crazy with a weapon and shoots good.