Concealed to Brandishing

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  • 2500yards

    Active Member
    Oct 12, 2009
    112
    If Concealed under shirt IWB and you adjust the shirt inside the firearm, exposing the firearm;

    Is that considered brandishing?
     

    2500yards

    Active Member
    Oct 12, 2009
    112
    Would this scenario below be acceptable or possibly seen as having potential legal implications:

    I’m getting gas late at night, very shady guy approaching me, I change from concealed to open carry, moving my sweatshirt inside the gun & obviously making a point that I’m uncomfortable with the situation?
     

    MaxVO2

    Ultimate Member
    MDS Supporter
    No. You can carry open if you want.

    *****This. Many people taking my W&C class think it is a concealed carry permit only and have to be corrected that they are within their rights to carry open if they wish, assuming the place they are is a place they are legally allowed to carry in the first place.

    MoCo has made things very stressful for W&C permit holders recently, and hopefully those infringements on our rights will be slapped down quickly by the Supreme Court.
     

    smokey

    2A TEACHER
    Jan 31, 2008
    31,576
    Would this scenario below be acceptable or possibly seen as having potential legal implications:

    I’m getting gas late at night, very shady guy approaching me, I change from concealed to open carry, moving my sweatshirt inside the gun & obviously making a point that I’m uncomfortable with the situation?
    It's not a bad decision for the legal aspect, it's just dumb all around. If a shady guy is approaching you, turn your attention to him and address him verbally while he is still far away. Use body positioning so he can't get into a threatening position to you. If he poses an imminent threat of bodily harm or death to you after you've taken measures to prevent it, draw and fire.

    Criminals are predators. They act very much like a wild predator such as a shark or wolf. They choose when, how, whom, and where to attack in a way that minimizes risk to themselves. They even move in predatory patterns like straight lines and flanking maneuvers.

    Turning attention to a predator will often cause them to not attack. A quick, "howdy", with your eyes on them and body positioned to make you hard to sneak up on goes a long way to preventing anything bad from happening. If need be, you can add things like lighting the hotspot of a flashlight on their face with stern commands to back up. Showing a gun for deterrence is not wise.

    Guns are for shooting, not showing.
     
    Last edited:

    Bullfrog

    Ultimate Member
    Oct 8, 2009
    15,321
    Carroll County
    I totally understand we can open carry. I’m not asking that. I’m asking if the cautionary change could be seen as threatening and get me in trouble.

    Since open carry is legal, if you were uncomfortable because the grip was poking you in the side, you might want to pull your sweatshirt up and inside the grip so you're more comfortable while pumping gas.

    You had no intent to threaten that young man who was walking over to ask directions. How he interpreted your action is not your responsibility.


    IANAL.
     

    2500yards

    Active Member
    Oct 12, 2009
    112
    It's not a bad decision for the legal aspect, it's just dumb all around. If a shady guy is approaching you, turn your attention to him and address him verbally while he is still far away. Use body positioning so he can't get into a threatening position to you. If he poses an imminent threat of bodily harm or death to you after you've taken measures to prevent it, draw and fire.

    Guns are for shooting, not showing.
    Understand what your saying. I’m just thinking if showing it could make them move on I’d much rather that than a gun fight with my kids in the car next to me.
     

    6-Pack

    NRA Life Member
    MDS Supporter
    Jan 17, 2013
    5,695
    Carroll Co.
    I totally understand we can open carry. I’m not asking that. I’m asking if the cautionary change could be seen as threatening and get me in trouble.
    If you pull it, be prepared to use it and deal with the legal issues later. Simple as that.

    I’ve had to pull a gun twice when I was younger (got my CCW when I was 21 in my home state). One time I had a fake cop try to run me off the road and another was a guy who got out of his car yelling racial slurs at me at a stop light (I was boxed in by traffic and he was approaching me despite my asking him to get back into his car and to leave me alone). Not going to lie, brandishing was the last thing on my mind. Would I do it different now with a couple decades of wiser judgement? I don’t know.
     

    2500yards

    Active Member
    Oct 12, 2009
    112
    If you pull it, be prepared to use it and deal with the legal issues later. Simple as that.

    I’ve had to pull a gun twice when I was younger (got my CCW when I was 21 in my home state). One time I had a fake cop try to run me off the road and another was a guy who got out of his car yelling racial slurs at me at a stop light (I was boxed in by traffic). Not going to lie, brandishing was the last thing on my mind. Would I do it different now with a couple decades of wiser judgement? I don’t know.
    Yeah, but if he hasn’t pointed a gun or started rushing at me with a sword, I’m not pulling the trigger. Just thinking of ways to discourage a potential bad guy who likely is thinking I am vulnerable.
     

    2500yards

    Active Member
    Oct 12, 2009
    112
    If you pull it, be prepared to use it and deal with the legal issues later. Simple as that.

    I’ve had to pull a gun twice when I was younger (got my CCW when I was 21 in my home state). One time I had a fake cop try to run me off the road and another was a guy who got out of his car yelling racial slurs at me at a stop light (I was boxed in by traffic and he was approaching me despite my asking him to get back into his car and to leave me alone). Not going to lie, brandishing was the last thing on my mind. Would I do it different now with a couple decades of wiser judgement? I don’t know.
    In this scenario I’m also not pulling
     

    6-Pack

    NRA Life Member
    MDS Supporter
    Jan 17, 2013
    5,695
    Carroll Co.
    Yeah, but if he hasn’t pointed a gun or started rushing at me with a sword, I’m not pulling the trigger. Just thinking of ways to discourage a potential bad guy who likely is thinking I am vulnerable.
    Yeah. My thoughts too. But that is also “brandishing”

    The fake cop was insane. I have no idea what his deal was, but he tried running me off the road a few times and tried boxing me in.
     

    Crosseye Dominant

    Ultimate Member
    Sep 1, 2018
    1,042
    Would this scenario below be acceptable or possibly seen as having potential legal implications:

    I’m getting gas late at night, very shady guy approaching me, I change from concealed to open carry, moving my sweatshirt inside the gun & obviously making a point that I’m uncomfortable with the situation?


    Sweatshirt push is so outdated and ineffective. Instead the best way to subtly brandish is to wear the Philster Enigma rig under your pants...but not just any pants, they must be break-away stripper pants. Shady guy approaches, and boom, display the moneymaker.
     

    Bullfrog

    Ultimate Member
    Oct 8, 2009
    15,321
    Carroll County
    Sweatshirt push is so outdated and ineffective. Instead the best way to subtly brandish is to wear the Philster Enigma rig under your pants...but not just any pants, they must be break-away stripper pants. Shady guy approaches, and boom, display the moneymaker.
    To qualify as brandishing, I think you have to take hold of it and wave it around.

     

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