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#1
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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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#2
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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.
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#3
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Quote:
Or having had too much alcohol and decide that it would be a great idea to pull out your handgun to "impress" everyone. And yes there is a very good possibility that you might think somebody is a threat to you, you unholster your handgun and then the threat/suspect calls 911 and wants to file a criminal complaint against you for Aggravated Assault. Does this mean that you are going to be found guilty and automatically lose your permit? No. An investigation would be conducted and the Prosecuting Attorney would make the decision to go to court or not to go to court. That's how it works. It might not strike you as fair or very satisfying but that's the law. At least that's how we would and do work it in Idaho. Can't speak for Maryland which I know hates gunowners. Sorry. I'm sure there is somebody who has a horror story about how the cops were assholes and confiscated the CCW holders sidearm and then the handgun vanished and couldn't be accounted for. If you go to The Hgih Road you'll think that there are hundreds of thousands of law abiding gun owners who have their legally owned handguns illegally confiscated and stolen by the cops across the U.S.A. Well the few times I confiscated a legally owned firearm I returned it once the case was closed and the owner could own it. Obviously there are exceptions. |
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#4
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I have always found that when I feel lacking in my states gun laws I go to the experts. Which means anyone but a patrol officer. I have found that police officers are generally not that informative about the law, believe it or not.
If you're interested in having your gun in your car often, call around to local gun shops or look for local gun shows and schedule a CCW class. They usually have a small fee, and attending these classes is always pretty informative about your state gun laws. And don't get shy in the class. Ask the stupid questions, ask the smart questions, and open a dialogue with your instructor about legal matters where your handgun is concerned. GET THE CCW. Then learn where you can carry and cannot. It also helps to be a social person while at the local range. Chat with the people who buy and sell guns, and shoot as often as you can. If you don't have a lot of experience with handguns, get a lot of experience. I've found there are always some great classes being given for live fire instruction for home protection, self defense with your handgun, firing from your car, etc. But you have to seek those out. It's worth it. I've had a CCW in Florida, and in Pennsylvania. They are worth the time and investment. |
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