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11/20/2019 5:07:11 PM
Posted: 8/1/2009 5:06:15 AM EST
So If you are CCW and get in a situation where you feel it may be more appropriate to have quick access to your weapon, can you switch over to open carry without getting a brandishing charge? (assuming you are not in your car and on land open carry is perfectly legal)
Link Posted: 8/1/2009 5:09:55 AM EST
in CA to brandish is to unlawfully display the weapon in a threatening manner.

My opinion is when you intend to use it, draw, until then act like your unarmed and keep a low profile.
Link Posted: 8/1/2009 5:11:56 AM EST
Originally Posted By 1911greg:
in CA to brandish is to unlawfully display the weapon in a threatening manner.

My opinion is when you intend to use it, draw, until then act like your unarmed and keep a low profile.


We just had a guy who was arrested for open carry in Pittsburgh, someone felt threatened......he got off all charges. Gets a little confusing to me.
Link Posted: 8/1/2009 5:12:42 AM EST
If open carry is legal in your area....why would it be considered brandishing. It wouldn't be brandishing unless you drew it out of the holster when you don't need to be drawing it out.
Link Posted: 8/1/2009 5:15:30 AM EST
Its one of those charges they use to control us. You will get arrested if they feel like it.
Link Posted: 8/1/2009 5:16:34 AM EST
Originally Posted By xinflt:
If open carry is legal in your area....why would it be considered brandishing. It wouldn't be brandishing unless you drew it out of the holster when you don't need to be drawing it out.


So long as it remains holstered it cannot be considered brandishing? Is that correct?
Link Posted: 8/1/2009 5:18:24 AM EST
Originally Posted By WildApple:
Originally Posted By xinflt:
If open carry is legal in your area....why would it be considered brandishing. It wouldn't be brandishing unless you drew it out of the holster when you don't need to be drawing it out.


So long as it remains holstered it cannot be considered brandishing? Is that correct?


Post this question in your local Hometown forum for a better answer. It depends on your local laws.
Link Posted: 8/1/2009 5:22:23 AM EST
Originally Posted By Swatter911:
Originally Posted By WildApple:
Originally Posted By xinflt:
If open carry is legal in your area....why would it be considered brandishing. It wouldn't be brandishing unless you drew it out of the holster when you don't need to be drawing it out.


So long as it remains holstered it cannot be considered brandishing? Is that correct?


Post this question in your local Hometown forum for a better answer. It depends on your local laws.


+1
Link Posted: 8/1/2009 5:23:00 AM EST
Originally Posted By WildApple:
Originally Posted By 1911greg:
in CA to brandish is to unlawfully display the weapon in a threatening manner.

My opinion is when you intend to use it, draw, until then act like your unarmed and keep a low profile.


We just had a guy who was arrested for open carry in Pittsburgh, someone felt threatened......he got off all charges. Gets a little confusing to me.


If legal in PA, folks like this need to get to suing. Gonzales PD learned this one the hard way.
Link Posted: 8/1/2009 5:35:33 AM EST
Just finished a concealed carry class in Texas. I was told you must keep it concealed until the defense situation occurs
Link Posted: 8/1/2009 5:44:12 AM EST
[Last Edit: 8/1/2009 5:48:49 AM EST by WildApple]
Originally Posted By guessn:
Just finished a concealed carry class in Texas. I was told you must keep it concealed until the defense situation occurs


Open carry is legal in PA.....I am not understanding


I just posted this question in the hometown PA section Link
Link Posted: 8/1/2009 6:05:15 AM EST
OC is legal in PA. I believe there are some court cases to back this. The police have no reason to detain you or even talk to you because you are OC, because it is perfectly legal. Just like they cannot stop you and ask you about why you are walking your dog and make you prove you have a dog license. (No permit needed to OC in PA except in Philly)
Link Posted: 8/1/2009 6:07:30 AM EST
Like PA OC is leagal in Va. I was told when taking the CCL class that brandishing is utilizing the firearm in a threatening manner. If its holstered its not really threatening. Some pantywaists may be threatened but under the letter of the law you should be G2G.
Link Posted: 8/1/2009 6:13:52 AM EST
In Alabama, technically open carry is legal. But I would keep it concealed until ready to use.
Link Posted: 8/1/2009 6:15:29 AM EST
sheep tend to get scared when they see a pistol - regardless of open cary laws. If you CCW keep it CCW
Link Posted: 8/1/2009 12:36:16 PM EST

Originally Posted By WildApple:
Originally Posted By guessn:
Just finished a concealed carry class in Texas. I was told you must keep it concealed until the defense situation occurs


Open carry is legal in PA.....I am not understanding


I just posted this question in the hometown PA section Link

He said TX- Texas.
Link Posted: 8/1/2009 12:50:52 PM EST
[Last Edit: 8/1/2009 12:52:27 PM EST by DSRV]
New, more relaxed laws in AZ allows the CCW holder to display a weapon if they feel threatened. Though it still can't be brandished in a threatening manner unless under imminent personal threat. At least you can now show you're armed.

Link Posted: 8/1/2009 12:57:52 PM EST

Originally Posted By WildApple:
So If you are CCW and get in a situation where you feel it may be more appropriate to have quick access to your weapon, can you switch over to open carry without getting a brandishing charge?

How many seconds do you think it will take to switch over from concealed carry to open carry? Multiply that by 20 and that is how far away I can be in feet. In other words, If I find myself in a situation where I "feel it may be more appropriate to have quick access to your weapon", but the situation does not warrant drawing the weapon and shooting someone, I am going to apply the inverse Tueller Drill and vacate the area as fast as possible. My first rule of a gunfight: "Do not be there when it happens."
Link Posted: 8/1/2009 1:10:06 PM EST
Besides, you'd look pretty silly walking around with an empty open holster all the time.
Link Posted: 8/1/2009 1:14:57 PM EST
[Last Edit: 8/1/2009 1:18:00 PM EST by ziebart]
I think the OP is talking about a IWB holster and then lifting the shirt so that he has better access to it. That would now make it open carry since it is no longer concealed. Not carrying 2 holsters.

On the topic of brandishing some may consider lifting the shirt to reveal a holstered pistol to be walking the line. You still have it holstered, but you made a point to show the other person that you had a gun, and that could be considered threatening them. It all depends on local law and attitudes of those involved. Best bet is to get away from the situation if at all possible.
Link Posted: 8/1/2009 1:26:22 PM EST
Don't rely on it staying in the holster. Getting into an altercation and then staring at someone while you lift your shirt to show a holstered weapon could easily fill the requirements for a "threatening manner".

I thought about this just last night- I left my apartment to go check on some laundry in the building's laundry room and there was a guy standing outside. He could have been listening/waiting at either my door or at another door three feet away. I made eye contact, walked past him slowly and then turned to head down the stairs. As I did, I pulled my shirt forward to make my gun print even more than it already was. When I turned away from him I saw him turn his head to look back at me, so I know he saw it. Could that be called brandishing? Technically it was a threat, just a subtle one. Anyway, I saw my old lady neighbor coming up the outside steps and held the door for her while I watched him get let into the next door neighbor's apartment. So could this guy come back and say he felt threatened? I sure think so. I think the law is going to look at any move towards a weapon as brandishing, even if it's just to go OC.
Link Posted: 8/1/2009 2:36:57 PM EST
Originally Posted By WildApple:
Originally Posted By guessn:
Just finished a concealed carry class in Texas. I was told you must keep it concealed until the defense situation occurs


Open carry is legal in PA.....I am not understanding


I just posted this question in the hometown PA section Link


good idea to ask locally. Texas laws while admirable in many things, just aren't going to fly in PA. I expect that in almost all areas, the transition from legal carrying to brandishing is going to occur when it leaves the holster. In some states aggressively revealing a legally concealed weapon may be considered brandishing when done in order to intimidate rather than increasing your readiness. In other words flashing for effect may be brandishing.
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