open carry vs cc vs brandishing
- Thread starter hk940
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caribou
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Concealed Carry and Open carry are just that ; Carried.
Brandishing a weapon is having it in your hand for use. You dont even have to point it.
I dont know the statistics, but simply haveing a gun (and the perp knows it) has stopped/prevented more crimes than we will be able to count.
You win when the perp decides NOT to commit a crime against you, in his head, before committing the crime.
Its as simple as a criminal spots a cop, who he knows has a gun, and changes course..........and along that line, etc.
Brandishing a weapon is having it in your hand for use. You dont even have to point it.
I dont know the statistics, but simply haveing a gun (and the perp knows it) has stopped/prevented more crimes than we will be able to count.
You win when the perp decides NOT to commit a crime against you, in his head, before committing the crime.
Its as simple as a criminal spots a cop, who he knows has a gun, and changes course..........and along that line, etc.
SwampWolf
Member
On the other hand, if you are practicing "open carry", the perp will know you are the one who is armed, potentially making you his first target. The issue of whether to carry exposed/concealed (where legal) has pros and cons. Because of my job for the past thirty years, my weapon was exposed for the most part. Since retiring twenty years ago, I have opted to carry concealed as a "civilian". Though I concede the merits of open carry, to me, the practice brings with it too many negatives.
Too, the definition of "brandishing" can have different legal meanings in different jurisdictions.
Too, the definition of "brandishing" can have different legal meanings in different jurisdictions.
Not always. Sometimes it makes you a target. What can you do when a criminal gets the drop on you? Has a gun to your back? There are cases of folks simply just taking a gun out of the holster and running with it. It could change the mind of a few. Or could make you a target. Just keep that in mind if you do open carry.
Electrod47
Member
Buddy of mine out in Arizona 20 years ago set his holstered gun on the dashboard to get some road rager off his case at a stop sign. They left and called the cops. He got arrested. Since they arrested him at work, he wound up losing his job on top of the other indignity. Arizona back them was open carry legal, holstered on your person. PS: Open carry legal but, if you were walking out in the desert open carrying, you'd better have a hunting license.
As far as I know there is no brandishing law in North Carolina, instead it’s called “Going armed to the terror of the people”. I find the definition a bit ambiguous and my understanding is that prosecutors interpretation of this common law offense often varies.
Exposing your concealed firearm either to de-escalate as you hypothesize or even accidentally would certainly terrify some people so you might need to check how your particular county handles this.
For myself I strictly interpret the law, do my best not to let my concealed gun show and would not place my hand on it unless I had to fire it
- Arms himself or herself with an unusual and dangerous weapon (a gun would satisfy this element)
- For the purpose of terrifying others and
- Goes out on public highways
- In a manner to cause terror to the people
Exposing your concealed firearm either to de-escalate as you hypothesize or even accidentally would certainly terrify some people so you might need to check how your particular county handles this.
For myself I strictly interpret the law, do my best not to let my concealed gun show and would not place my hand on it unless I had to fire it
denton
Member
We had a case here in Utah where a man was speeding excessively in a residential neighborhood. Local fathers forced him to stop. In the conversation that followed, one of the fathers picked up a large stone. The speeder then unholstered his firearm and laid it in his lap. In the ensuing court case, the judge ruled that moving the firearm to a more accessible spot was not brandishing.
There was certainly no guarantee that would be the outcome. Pretty risky strategy.
There was certainly no guarantee that would be the outcome. Pretty risky strategy.
westernrover
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I remember a video of a man in his car. He gets into some kind of argument with a dude on the sidewalk. The dude on the sidewalk tries to win the argument by lifting his t-shirt to display a pistol stuck in the front of his Jockeys. The man in the car tells him something like, yeah, I got mine too. The difference is mine is legal. I've got a permit. He goes on to say something like if the dude uses his, he'll go to jail, whereas if he has to use his own the cops will thank him for doing them a favor.
It was some stupid argument like that which would have been best avoided. So was the man lifting his t-shirt to display the pistol, had he been permitted or in a constitutional-carry state, just legally switching from concealed to open carry? Or was there more going on there? In some States, "exhibiting" a firearm in a threatening manner can be considered unlawful brandishing. Open-carry is not necessarily a threatening exhibition, but deliberately drawing attention to it in the midst of a conflict could be construed as a threat. Brandishing doesn't necessarily require the gun be held: https://www.handgunlaw.us/documents/Brandishing_Display_of_Firearm.pdf
It was some stupid argument like that which would have been best avoided. So was the man lifting his t-shirt to display the pistol, had he been permitted or in a constitutional-carry state, just legally switching from concealed to open carry? Or was there more going on there? In some States, "exhibiting" a firearm in a threatening manner can be considered unlawful brandishing. Open-carry is not necessarily a threatening exhibition, but deliberately drawing attention to it in the midst of a conflict could be construed as a threat. Brandishing doesn't necessarily require the gun be held: https://www.handgunlaw.us/documents/Brandishing_Display_of_Firearm.pdf
Asking random people on the Internet what may or may not be legal in a hypothetical situation is not a great idea. What is legal in one state may very well be a felony in another. It is best to read up and study the laws of the state in which you live. Or seek the advice of an attorney in your area.
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