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To: Dead Corpse

The problem is,
you can be arrested and lose your CCW for “brandishing” a gun.

The laws are pretty dumb in that you really have to shoot somebody if you show your carry weapon in order to avoid a “brandishing” charge.


13 posted on 12/28/2010 1:15:28 PM PST by MrB (The difference between a (de)humanist and a Satanist is that the latter knows who he's working for.)
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To: MrB
The problem is, you can be arrested and lose your CCW for “brandishing” a gun. The laws are pretty dumb in that you really have to shoot somebody if you show your carry weapon in order to avoid a “brandishing” charge.

Not really. Fla Statute:

"If any person having or carrying any dirk, sword, sword cane, firearm, electric weapon or device, or other weapon shall, in the presence of one or more persons, exhibit the same in a rude, careless, angry, or threatening manner, not in necessary self-defense, the person so offending shall be guilty of a misdemeanor of the first degree".

28 posted on 12/28/2010 1:28:41 PM PST by SeeSac
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To: MrB
you can be arrested and lose your CCW for “brandishing” a gun.

The laws in Florida are more lenient as evidenced by one of the comments on the story. The youths are very lucky none of them got shot....

102 posted on 12/28/2010 2:21:20 PM PST by Hot Tabasco (There's only one cure for Obamarrhea......)
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To: MrB
The problem is, you can be arrested and lose your CCW for “brandishing” a gun. The laws are pretty dumb in that you really have to shoot somebody if you show your carry weapon in order to avoid a “brandishing” charge.

Not quite (and it depends on jurisdiction) -- the usual criteria is that you can only display your gun in a threatening manner if you are actually at risk of potentially deadly assault. Generally, being menaced by a hostile mob which has demonstrated willingness to use violence, the criteria are met.

I am not a lawyer nor do I play one on TV -- check your local laws.

162 posted on 12/28/2010 4:24:47 PM PST by PapaBear3625 ("It is only when we've lost everything, that we are free to do anything" -- Fight Club)
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To: MrB
The problem is,
you can be arrested and lose your CCW for “brandishing” a gun.

Two key points from Florida's Stand Your Ground Law:

IMHO "brandishing" (the reporter's word, not necessarily the proper description) under the circumstances described is a proper use of force under Florida law.
173 posted on 12/28/2010 4:54:42 PM PST by NonValueAdded (Palin 2012: don't retreat, just reload)
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To: MrB
You got that right. Brandishing can be a tricky business.

My CHL instructor made clear, you should really only draw if you intend to kill. And if you do brandish, it's in your interest to only do it if no one finds out about it except the potential attacker. I.E. Don't tell the police that you ran someone off by brandishing.

232 posted on 12/29/2010 11:59:43 AM PST by GunRunner (10 Years of Freeping...)
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