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Old 04-11-2012, 10:11   #1
BigAl at GT
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open carry vs. concealed carry vs. brandishing

I have had a CC permit for 25 years but am only now really getting interested in the politics of the subject. When I got my permit, the sheriff said that if anyone saw me carrying, I could be charged with brandishing. I have been reading many threads on open carry. There may be an obvious answer to this question but I donít see it. If I were carrying in a IWB holster and someone saw the gun because I accidently exposed it, could that just be considered open carry or is that brandishing? Or am I way off? Was my sheriff nuts?
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Old 04-11-2012, 10:16   #2
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We need to know what state you live in.
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Old 04-11-2012, 10:18   #3
BigAl at GT
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Sorry, Pennsylvania
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Old 04-11-2012, 10:52   #4
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I'd bet the sherriff was referring to intentional open carry/attention getting, not accidentally showing the gun.
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Old 04-11-2012, 11:31   #5
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No such thing as brandishing in Pa. What county in Pa. did this take place?
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Old 04-11-2012, 11:38   #6
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I just OCed into a nice little restaurant in NH. No problem from anywhere/anyone.
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Old 04-11-2012, 12:06   #7
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Quote:
Originally Posted by Jud325 View Post
No such thing as brandishing in Pa. What county in Pa. did this take place?
Apparently one where the sheriff feels the need to discourage citizens from exercising their rights by giving them false information to intimidate them. I wonder if he has his "boys" haul in anyone who "brandishes" for harassment purposes.....



Eric Holder should look into that.
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Old 04-11-2012, 12:45   #8
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I don't know what your states laws are exactly but I do know OC is legal there. Generally if a state allows open carry someone seeing the print or full exposure of your gun accidentally is no big deal.
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Old 04-11-2012, 13:13   #9
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what are the elements of "brandishing" as written in your criminal code. That would be a good starting point for friendly discussion.
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Old 04-11-2012, 13:28   #10
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what are the elements of "brandishing" as written in your criminal code. That would be a good starting point for friendly discussion.
Different states have different laws. In Michigan we use the dictionary definition.

Brandish:
1. To wave or flourish menacingly.
2. To display ostentatiously.

According to one judge in the state of Michigan for someone to be guilty of brandishing both must be met. The AG in the state of Michigan has also said that a firearm carried in a holster is not "brandishing".
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Old 04-11-2012, 15:02   #11
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No such thing as brandishing in Pa. What county in Pa. did this take place?
Huntingdon circa 1991, it was 3-4 sheriffs ago. Every since he told me that, I have been slightly paranoid that someone would see me carrying. From the repsonse here, I'm thinking it may not be big deal. I will have to see what I can find in the PA laws regarding this.
Thanks
Al
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Old 04-11-2012, 21:46   #12
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PA (outside Philly) doesn't even require a license to carry openly...correct?
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Old 04-11-2012, 22:10   #13
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I'd suspect the laws were different 25 years ago.
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Old 04-11-2012, 22:59   #14
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Try this link. http://paopencarry.org/open-carry-questions-answers

They say it so much better than I.
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Old 04-12-2012, 03:27   #15
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I don't think it would matter if you were actually brandishing or not. If someone didn't like you, all they have to do is say you pointed your gun at them and you go to jail.

It's then on you to prove you didn't do it. Even if your acquitted, your still our the $$ for your legal fees.

It's up to the individual but I say keep it concealed.
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Old 04-12-2012, 06:28   #16
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Quote:
Originally Posted by BigAl at GT View Post
I have had a CC permit for 25 years but am only now really getting interested in the politics of the subject. When I got my permit, the sheriff said that if anyone saw me carrying, I could be charged with brandishing. I have been reading many threads on open carry. There may be an obvious answer to this question but I donít see it. If I were carrying in a IWB holster and someone saw the gun because I accidently exposed it, could that just be considered open carry or is that brandishing? Or am I way off? Was my sheriff nuts?
PA has no law on brandishing.

PA is an open carry state, so if your handgun is exposed, you've broken no law.

Some years ago, many LEO's wrongly believed that you could be arrested for disorderly conduct for carrying openly. However, while a very, very few might still think that, the charge of DC for the mere fact of carrying openly is not warranted.
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Old 04-12-2012, 06:46   #17
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Carrying in a provokative manner in urban areas isn't any smarter now than it was 20 years ago. That said, above all, be legal, and familiar with the potential drawbacks of how and where you carry. Good luck.
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Old 04-12-2012, 06:48   #18
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Steve is correct. And a holstered weapon can be brandished... say someone approaches you and you lift your shirt to intentionally show you are carrying to ward them off. Though there is no law about brandishing, this could be considered as a threat if you do not have a valid reason for fear. But other than that, carry however you would like, in a safe manner. Concealed carry or open. We're not going to get into an argument on why you should or shouldn't carry a certain way. Honestly, who cares. You have the right to carry as you wish to, so exercise that right. Pa firearm laws are hard to find online but they are out there. Stop by your Sheriff's office and ask for the firearms law book. They should give you one upon request... and why they don't just hand them out to every CCW holder from the start is beyond me.

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Old 04-12-2012, 10:16   #19
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Quote:
Originally Posted by NEOH212 View Post
I don't think it would matter if you were actually brandishing or not. If someone didn't like you, all they have to do is say you pointed your gun at them and you go to jail.

It's then on you to prove you didn't do it. Even if your acquitted, your still our the $$ for your legal fees.

It's up to the individual but I say keep it concealed.
If someone doesn't like you all they have to do is say you pulled your genitals out and waved them around and you go to jail.
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Old 04-13-2012, 01:08   #20
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Quote:
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If someone doesn't like you all they have to do is say you pulled your genitals out and waved them around and you go to jail.
So is that brandishing or open carry?
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