New AZ law concerning/clarifying "brandishing" a firearm...

[TexasRifleman]

I thought you could not open carry in Texas??? So how could your law be the same?

The topic of the post is defining brandishing, and whether or not displaying a firearm as a deterrent is brandishing.

Neither the Arizona law discussed here nor the Texas law I posted have anything to do with open carry.

Texas has a law saying the same thing, that there are times when the open display of a firearm or a threat that you have one is not a problem.

From the OP:

"Defensive display of a firearm" means: 1 - Verbally telling someone that you have a firearm or can get one; 2 - Exposing or displaying a gun in a way that a reasonable person would understand means you can protect yourself against illegal physical or deadly physical force; and 3 - Placing your hand on a firearm while it is in your pocket, purse or other means of containment or transport.

Defensive display is justified when and to the extent a reasonable person would believe physical force is immediately necessary to protect yourself against another person's use or attempted use of unlawful physical or deadly physical force. A defensive display is not required before using or threatening physical force, in a situation where you would be justified in using or threatening physical force.

Texas law is almost identical in that displaying a firearm is not considered the use of deadly force or "brandishing" (though there is no such thing as brandishing in a legal sense here) once it becomes "immediately necessary".

 

[bamawrx]

That is a good law. I have used defensive display, and it put an immediate halt to an assault. No need to discharge the weapon or obtain a sight picture.

 

[NMGonzo]

Said my stepdad to a perp at the summer house 20 odd years ago "Mister! ... are you sure you don't want to just go home and forget about it?" After he fired his double barrel (over/under) shotgun

We had a number of incidents that he never had to fire AT someone.

 

[Vern Humphrey]

That is a good law. I have used defensive display, and it put an immediate halt to an assault. No need to discharge the weapon or obtain a sight picture.

It is indeed a good law. A while back, we had a thread on shooting from inside a pocket. One poster carried his gun in a hoodie and intended to shoot from inside the hoodie front pocket. He was adamant that was the only way to use a gun defensively, since if you drew it, he claimed that would be "brandishing" and you'd go to jail.

 

[HardKnox]

heyyyy bob munden here, whats a fellow like me supposed to do? i mean i can draw and shoot 5 ballons faster than you can blink, thats right blink, in fact me drawing and shooting is the fasted thing anyones ever done, faster than a super computer, and we all know i aint know super computer so how am i supposed to stop myself from shooting everybody in .01 of a second? hahaha my defensive display is soo fast that im the only person who will ever know it happened

bob munden signing off