fxk
Active Member
Hi,
I know the term "brandishing" can mean different things in different jurisdictions.
In Maryland, for instance, I believe any showing of a concealed firearm is termed brandishing.
Of course, these demonstrations, marches, mostly peaceful protests, riots - whatever term fits one's sensibilities have me asking the question.
So, in a constitutional-carry state, I assume brandishing a pistol would require the owner to have the open-carry pistol unholstered (or otherwise removed from concealed carried). Is that a fair assessment?
In the same environment, is there a difference between having an "assault weapon" strapped across one's chest, with the owner keeping it in place with his/her hand and brandishing? What additional "act" turns open carry into brandishing?
Brandishing is a curiosity to me. It would seem (in Maryland) many situations could be (temporarily, create enough time to retreat) defused by showing a pistol's handle carried IWB without drawing at all. Drawing a pistol would seem two steps above escalation of force if one would have to successfully claim self defense. The affirmative defense of self defense has a number of boxes that must be ticked in order to acquit. A highly summarized view: http://www.perettillc.com/2011/09/right-of-self-defense-for-assault-in-maryland/
Maryland (MOCO) is a funny place - county prosecutor charged my friend of first degree assault when another trucker was in the my friends truck-cab on top of my friend who was on his back bridged head and butt on passenger and driver's seat. He reached around, found a steering wheel lock, and used it to defend himself. DA said it was an unnecessary escalation of force, and that is why he was charged rather than the person invading his truck-cab. This "little episode" took both he and I over a year to sort out. Friends who can will put life on hold to help.
I know the term "brandishing" can mean different things in different jurisdictions.
In Maryland, for instance, I believe any showing of a concealed firearm is termed brandishing.
Of course, these demonstrations, marches, mostly peaceful protests, riots - whatever term fits one's sensibilities have me asking the question.
So, in a constitutional-carry state, I assume brandishing a pistol would require the owner to have the open-carry pistol unholstered (or otherwise removed from concealed carried). Is that a fair assessment?
In the same environment, is there a difference between having an "assault weapon" strapped across one's chest, with the owner keeping it in place with his/her hand and brandishing? What additional "act" turns open carry into brandishing?
Brandishing is a curiosity to me. It would seem (in Maryland) many situations could be (temporarily, create enough time to retreat) defused by showing a pistol's handle carried IWB without drawing at all. Drawing a pistol would seem two steps above escalation of force if one would have to successfully claim self defense. The affirmative defense of self defense has a number of boxes that must be ticked in order to acquit. A highly summarized view: http://www.perettillc.com/2011/09/right-of-self-defense-for-assault-in-maryland/
Maryland (MOCO) is a funny place - county prosecutor charged my friend of first degree assault when another trucker was in the my friends truck-cab on top of my friend who was on his back bridged head and butt on passenger and driver's seat. He reached around, found a steering wheel lock, and used it to defend himself. DA said it was an unnecessary escalation of force, and that is why he was charged rather than the person invading his truck-cab. This "little episode" took both he and I over a year to sort out. Friends who can will put life on hold to help.
