That would be brandishing. It may NOT de-escalate the situation either.

 

OMG

 

We do have open carry here too and I would definitely consider this hypothetical of flashing your gun as some odd de-ecalation tactic in that manner to be brandishing.

"Michigan Compiled Laws §750.234e prohibits individuals from willfully and knowingly brandishing a firearm in public.,According to MCL §750.222(c), the term "brandishing" as used in this statute refers to pointing, waving, or displaying a firearm with the intent to cause fear in another person."
Brandishing a Firearm in Public | Michigan Criminal Lawyers Barone Defense Firm.

I also think if that's where one's mindset is at surrounding the use of guns and think this is a sound defensive tactic, they're probably just as likely to end up getting shot or jailed because of it as they would having this end successfully. It could easily be considered an escalation on their part instead of de-escalation.

 

what would make an open carry situation different from uncovering a cc weapon (not talking about drawing)

 

Intent.

Not that I’m a fan of open carry in the least, but if you’re “exposing” a concealed weapon to “de-escalate” a situation (your words) you’re basically using it as intimidation. Could potentially go wrong both legally and physically. Individual circumstances and state statute will dictate.

 

A holstered weapon is not brandishing.

 

Depends on the state

In my state along with many others, displaying a holstered weapon is in fact brandishing based on intent. Here un-concealing a lawfully concealed weapon would fit the definition... "means displaying or making a firearm known to another person while the firearm is present on the person of the offending party with intent to intimidate or injure a person". On the other hand if open carrying the above is moot as the weapon is already displayed, and our "negligent use" statute only applies to acts that "endanger the safety of another".

Either way, both are a "petty misdemeanor" but you can get your CCW revoked.

 

I would not flash a look-see at my CC gun. Never had it suggested in any SD classes I have taken. Seems a bad idea to me.

 

A hypothetical question. If you live in a state that allows open carry and you have a cc license, would exposing your holstered weapon to de-escalate a situation be considered brandishing?

Wisconsin's position is a little more nebulous.

Wisconsin Concealed Carry Gun Laws: CCW & Reciprocity Map | USCCA(Last Updated 05/19/2021) (usconcealedcarry.com)

Wisconsin Legislature: 941.20

It appears that just uncovering a holstered weapon is not "brandishing" (chargeable?) in Wisconsin.

HOWEVER - I would not do it or recommend it. I believe it's a "grey" area.

PS - just providing information here.

ETA - I agree with @warbow150 that intent is a very important aspect here.

 

A hypothetical question. If you live in a state that allows open carry and you have a cc license, would exposing your holstered weapon to de-escalate a situation be considered brandishing?

That is basically the definition of brandishing.

 

Ask a lawyer in your state. Ask someone at US Law Shield. Maybe exposing a holstered weapon will defuse a situation but probably.wom't.

 

In Arizona, there is no "brandishing" related to mere exposure. There is a subset of Disorderly Conduct which goes to "reckless display of a firearm". There is also a justification section which exempts the "defensive display of a firearm" from the list of no-nos.

Know your laws.

 

Right in AZ you can even openly place your hand on the holstered weapon.

 

Thread is still going, without resolution of course…

 

And there will never be a resolution. 50 states, each with different laws, each with hundreds of prosecutors who have a different take on how to interpret the law.

 

What's considered brandishing is going to vary by state. In some states, it isn't even called that.

https://www.handgunlaw.us/documents/Brandishing_Display_of_Firearm.pdf

 

What you describe is brandishing. “Looky here. I’ve got my gun. You’d better behave.”

 

Where? And is it a crime, or is it a justifiable warning in that state?

 

Does your state have a law against "brandishing"?

Here it could be "menacing," unless you are justified. That would depend on what you mean by "de-escalate." Threatening deadly force during an argument probably won't work.

 

“As long as you word it right…”

yes, I’ve heard those words spoken by LE before

 

In my ****ty state you better use that weapon or you could be arrested for brandishing a firearm. Our CCW instructor told us it's also up to responding officers whether to charge you or not.
I've pulled my gun and have held people at gunpoint before, but that was on my private property, and when those police officers are close I immediately render my gun safe and drop my weapon, away from the perp, and kept my hands up. Every officer has always thanked me for doing so.

 

In my ****ty state you better use that weapon or you could be arrested for brandishing a firearm. Our CCW instructor told us it's also up to responding officers whether to charge you or not.

Ummm, the prosecutor can charge you after reading the reports also.

 

Indiana does not have a brandishing law. I’m sitting at work so I messaged a deputy on the MDT. I was told definitely intimidation and probable disorderly charges.

However, if it’s a legit SD situation and you take a grip without drawing and and can articulate that more than likely no charges will be brought. He said the key to it will be if the other party involved calls them.

His last point was his experience is that only *******s that are looking for a fight would show the weapon like that 99% of the time.

 

is it being displayed because the person is being verbally aggressive? If so it’s escalating the situation. SD situations or equal force not escalated force. If the person has a weapon and a threat there is no reason to show your weapon at that point. If they are not an immediate threat then the legal aspect is irrelevant to a civilian, it’s wrong.

Want to legally be able to escalate to a threat then go to the academy and get a job as a LEO.

 

Just remember - there are video cameras everywhere -

I try and act like I am being recorded - like when some Jaybird does something rude and I want to say something to them like &^$^%&^%(^%( hole - but don't because if you are out in public there is a good chance you are in fact being recorded - and since I am not as tough as I once was there is always that chance I will end up getting my old butt kicked -

 

Becareful, not using bad language may be used against you in court.

 

In Texas, Definitely Yes. It's an offence "if" a law enforcement officer decides to act on it.

 

I would tend to suggest that if one is still able to cognitively think of things like “de-escalation” techniques, the situation has not yet digressed to the point where he or she can justifiably say they were truly scared they were going to be murdered or suffer great bodily harm. Walking around with an openly displayed pistol as an open carry life style, or emergency carriage of a slung or port arms long gun during a natural disaster or civil disorder (not talking about political protests or making a statement at Walmart or a coffee shop) may dissuade an imminent threat, but a person carrying concealed must be justified that they’re facing a life endangering threat. In my personal opinion, OC laws are great for incidents like a shirt tail riding up or wind whipping a jacket and exposing a firearm. Exposing a concealed handgun to warn off some dude looking at you funny from ten feet away or at a bum trying to get a hand-out might be taken as brandishing. Education and training help with decision making. Read books by Andrew Branca and Massad Ayoob. Helps with understanding the articulation and justification - including jeopardy, opportunity and ability.

 

I would tend to suggest that if one is still able to cognitively think of things like “de-escalation” techniques, the situation has not yet digressed to the point where he or she can justifiably say they were truly scared they were going to be murdered or suffer great bodily harm. Walking around with an openly displayed pistol or a slung or port arms long gun as a life style or during a natural disaster or civil disorder (not talking about political protests or making a statement at Walmart or a coffee shop) may dissuade an imminent threat, but a person carrying concealed must be justified that they’re facing a life endangering threat. In my personal opinion, OC laws are great for incidents like a shirt tail riding up or wind whipping a jacket and exposing a firearm. Exposing a concealed handgun to warn off some dude looking at you funny might from ten feet away or at a bum trying to get a hand-out might be taken as brandishing. Education and training help with decision making. Read books by Andrew Branca and Massad Ayoob.

Meh…not quite…. The ability to cognitively think through in the heat of the moment has to do w/ training and mental prep, not the severity (or lack of) of a threat.

 

I

It depends on local and state laws and they vary wildly. It depends on the situation. If someone says they're going to kick your ass, flashing your gun is probably not going to fly. It can even depend on the local law enforcement and DA's. The DA can charge you with anything. Whether or not they drop the charges or you get them dismissed later doesn't matter because you'll have to spend thousands or 10's of thousands on a lawyer. You might even lose your job depending on where you work. It's just not a question that has a clear cut answer. If someone is looking for reasons why they can pull their gun they're probably not approaching the concept of concealed carry with the right attitude.

 

Or…conversely…..

maybe the fact that a free citizen feels compelled to second guess, 3rd/4th/5th guess themselves regarding their carrying and use of firearms…maybe our governments don’t have the right attitude regarding firearms ownership and the right to keep and bear arms….

 

Why not just say something? If there are any witness around, they can attest you warned them.

 

 

I live in southern Virginia in a rural town. Personally I think open carry is a bad idea. But I can say the open carry individuals I’ve seen here are carrying WITHOUT a retention holster. Had a lady in front of me at CVS had a 38 revolver in a cheap Uncle Mike’s holster. I could have reached over and easily lifted her gun out of the holster.

 

I only think that one thing leads to another.