Quote:
Originally Posted by AdAstra2009
What about "brandishing" against some you think may be an attacker (like if you feel threatened by some stranger harassing you in some desolate carpark or something)
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Well since I'm not going to waste my time checking on any other state's penal code, the last time I checked, CALIFORNIA's penal code explicitly states that an exception to being punished for 'brandishment' is a reasonable expectation of a threat to your life or the lives of others. So Brandishing is a no no unless you are defending your life or the lives of others. If the guy is just being weird or mouthing off to you, a prosecutor can nail you. If the guy is running at you with a knife, and you brandish a weapon, and he runs off, the penal code says that this is an exception and a "defense against prosecution"....note how they don't say that you can't BE prosecuted. Just that this is a legally accepted defense against prosecution.