The USCCA has an interactive concealed carry map on their website which is VERY helpful. Written Brandishing laws, viewable by state, are available on the site. I’m a US Lawshield member, but refer to this document often. You guys do a great job!
@kennyphelps11602 жыл бұрын
The fact that we even have to have this conversation is just further proof of how corrupt the justice system really is
@ij27502 жыл бұрын
I agree 100% Brandishing in 99% of cases should be legal and in many cases can go a long way toward de escalation a altercation with someone.
@user-bj1mx2ip1c2 жыл бұрын
I saw a video of this roid head jump outta a car when HE cut the victim off and the victim honked and gave the bird, rightly so, and mr 300 pounds of roid rage ran like a gorilla and all he did was brandish his glock against his chest pointing down saying you dont want any of this and gorilla roid boy just walked away..the guy could have probaly rippped his car door off and dragged him out and beat him to death..thats my fear in w my small children and wife and some gorilla roid rage freak attacks, i cant restrain him and why would I risk a fight when he antagonized it.
@markmcgoveran68112 жыл бұрын
It would appear you have this up saying obsession with the government going bad and we have to shoot everybody. Even having to have a conversation is not evidence of anything.
@zippitydoodads9947 Жыл бұрын
@@ij2750 if the brandishing scares someone, it’s assault.
@ij2750 Жыл бұрын
@@zippitydoodads9947 I have never heard that brandishing was considered assault but I'm not surprised that could be true in some states. Most brandishing laws are in effect as just another anti gun tool to have a excuse to stop people from having the means to protect themselves.
@KTMitchell19532 жыл бұрын
I live in PA and became a member last year. You did an excellent job covering and explaining a variety of scenarios involving intentional as well as unintentional brandishing. I appreciate the information and I am glad I joined.
@wilshirewarrior27832 жыл бұрын
I live in California and carry as a retired LE officer. I believe that if I am in personal danger in a deteriorating situation that I am unable to get away from and it appears that I may have to draw my weapon soon to protect myself..I am going to inform the aggressor that I am armed and that I do not want to use it..but if I have to I will. I want to avoid a situation where the aggressor is unpleasantly surprised because there is no other option left. I think this MAY help deescalate or at least be a factor in your favor if worse comes to worse. You do what is best for you.
@waynegroves69222 жыл бұрын
I respect your position - no one wants to needlessly end someone's life; however, I will disagree on the point of informing my assailant that I am armed. If they are willing to commit a heinous battery upon me, I must assume they have already made up their mind to be violently aggressive, and seeing that I am defenseless . . . it makes their aggression much more certain. I have seen enraged people scoff at the presence of a firearm, and dementedly dare the defender to shoot them - they are not afraid of it at that point - and you will end up shooting them anyway. Therefore, if I have to draw my weapon, it will be when the perp makes his move - not before - because I will not give them the opportunity to formulate a plan to defeat my weapon; their discovery of my defensive capabilities will be at their peril.
@jameskennerly9748 Жыл бұрын
Thank you All for the information.
@hollyfoxThe2 жыл бұрын
I really hate grocery stores that are too cheap or lazy to pay someone to pull the top rack product out to the edge. Trying to reach for it yourself is a good way to show your weapon. Thank heavens Florida passed a law decriminalizing accidental exposure.
@rustypugh1232 жыл бұрын
I just don't understand why the law, in general, treats good citizens, who just want to protect themselves and their families, as criminals. It is extremely easy to legally CARRY a gun, but it seems like the law always works against you.
@michaelkaiser18642 жыл бұрын
The system has been broken for the last 150 years at least
@silverwings212 жыл бұрын
Because the "law" is evil. It makes a lot of sense when you realize that.
@michaelkaiser18642 жыл бұрын
@@silverwings21 when your legal system is in volumns and a 10 year old cant understand the "rules", its not about "safety", its about control. Far too much is statutory and colour of law...not true law.
@PS-rr2jt2 жыл бұрын
Around here, open carry is legal, but someone will always call the cops. When they get there, they treat you like you’re taunting them.
@dougwalk80342 жыл бұрын
Because no law can 'control' criminals, but they 'can' control you !!!!
@flyfisher11412 жыл бұрын
Thanks for the content. Living in Texas Brandishing is a subject I am really concerned with. Your comments made it a lot easier to understand the limitations.
@captainskippy66222 жыл бұрын
As a retired police officer, long time firearms instructor, and US Law Shield member, I appreciate this video. I’m also a survivor of a deadly line of duty shooting. I’ve been on both side of the fence. One thing I constantly emphasize is that not all officers wants to put a person that lawfully defends themselves in jail and see them prosecuted. For that matter in my area of the southeast I’d say the majority of officers are like this. But as they said in the video if you’re from the far west or northeast this may be the reverse.
@napalmstickylikeglue2 жыл бұрын
That may be the case but under no circumstances do you ever statements without an attorney present or right after a use of force to police.
@captainskippy66222 жыл бұрын
@@napalmstickylikeglue I’m not arguing that point. I concur.
@allenshepard79922 жыл бұрын
Thank all three of you. To hear you say "The law is not easy to google" is an understatement. Not trusting the map on the city website, I actually called the police to make sure my property was in the rural zone. A zone where fire arm discharges are allowed. No one. No one would call me back to say "Yes it is fine to shoot a fire arm in your back yard" I gave up asking. This video makes me want to give up carrying a fire arm. It just seems to fraught with danger. I will get over it.
@walkingwolf80722 жыл бұрын
In most states you can shoot airsoft, or BB/pellet in your backyard. I am allowed to shoot in mine, but most of my training is with non firearms, it is just more affordable, and I can and do train daily. I have trainers that match my carry guns, and even when the weather is bad you can shoot airsoft indoors if you make a trap for the plastic BBS. I encourage everybody to train on at least a weekly time schedule, daily training to be better.
@benb59602 жыл бұрын
My own rule (for myself) is if I carry a pistol (most of the time), I always carry OC & a SWAT-T tourniquet.
@frazeejr2 жыл бұрын
These complexities are the exact reason I choose not to open carry...to me it's an invitation for any Joe Schmoe to falsely accuse you of brandishing, and jeopardizing all of your rights.
@walkingwolf80722 жыл бұрын
You live in the wrong state, I have been open carrying for decades without incident. We are protected by the 2a, and NC constitution bolstered by NC Supreme court ruling State v Kerner.
@heyoldtime89692 жыл бұрын
I also open carried for years in Louisiana. I think that its good for the public to see open carry. Not everyone who carries a gun is a criminal. Now I live in Florida and open carry is unlawful UNLESS you are engaged in hunting, fishing or camping in a very rural area where dangers of animals', snakes or possably dangerous humans.
@thomasjensen62432 жыл бұрын
I choose not to open carry because I will b the first target in a mass shooting attempt. IE: Walmart El Paso, TX.
@user-bj1mx2ip1c2 жыл бұрын
The only way we are going to get all the modern femized cowards to accept we have a 2a is for the wimps to get use to seeing guns in the public area. Mass shooters will think twice and all these liberals will get use to it just like they have no problem w cops open carrying and in my exp cops have the worst aggressive personalities mixed w they know they can get away w it due to that badge, id feel more safe w my neighbor at wallmart armed than a cop armed so lets just get over the brainwashing already of guns w citizens being scary. Im in CT and boy are we filled w anti gunners..it would only take 2 weeks of them seeing them and the brainless monkies will just forget about it.
@markmcgoveran68112 жыл бұрын
@@walkingwolf8072 The guy who said he doesn't open carry because he doesn't want some Joe's smoe taking all his rights, it's just feeling insecure or something it's not really a reason to condemn his State he would feel the same way anywhere he went.
@blackbullitt8492 жыл бұрын
It concerns me that most responses begin with “Probably”
@CoelhoSports2 жыл бұрын
18 USC 924 also specifically addresses "brandishing" in FEDERAL law. it's not just a state issue
@williamhenszlein50322 жыл бұрын
I love these, keep up the good work!
@mgillee12 жыл бұрын
"Way too far West...", sadly, true... I really gathered from this that our judicial system is more flawed than I had previously known. Charges dropped does not equate to no legal fees and your life not ruined due to employers and public not following "innocent until proven guilty".
@PrimoGIU2 жыл бұрын
Brandishing Of Firearms in Iowa: 723A.1 Definitions. Brandishing a dangerous weapon” means the display or exhibition of a dangerous weapon, with the intent to use, intimidate, or threaten another person without justification, or the actual use of the dangerous weapon in a manner which is intended to or does cause serious injury or death without justification.
@waynegroves69222 жыл бұрын
Twice in that definition was the phrasing of ". . . without justification" - therein is the loophole for self-defensive "justification," to nullify the intent of the definition, no.!?
@PrimoGIU2 жыл бұрын
@@waynegroves6922 The leftist commies will ALWAYS attack us and try to imprison us for exercising our constitutional rights. Sad times in the USA!
@fred-id3vj2 жыл бұрын
Dude on my ship used to wear a shirt that said "do'nt mess with Texas"
@jeffreywishert97742 жыл бұрын
Thank y’all for the great information and work y’all do.
@GaveMeGrace12 жыл бұрын
Thank you
@heyoldtime89692 жыл бұрын
Never talk to police. A good you tube channel is Ethical Preparedness. He's a 20 year police officer and has great advice for the self defenders.
@oldcop182 жыл бұрын
As a retired police officer w/30 yrs on the street I couldn’t agree more. Do NOT talk to the police beyond what’s absolutely necessary & get yourself an attorney ASAP.
@johndean37582 жыл бұрын
great indepth information provided
@uslawshield2 жыл бұрын
Thanks for watching!
@antoniog98142 жыл бұрын
29:40 So, if it is legal in Texas to carry a long gun slung across the back, why did the arrest occur in the first place?
@Fmack20006 ай бұрын
Great segment.😎😎😎
@alexmachine5702 жыл бұрын
In New York, I believe this would fall under Menacing in the 3rd degree. Menacing is a crime that involves doing something that puts another person in fear of immediate physical injury or death.
@gregorymaupin63882 жыл бұрын
As someone who has worked as Security I have pulled my weapon so many times for different reasons, from being shot at to, to coming up on a combative couple where the man had a knife out and started to charge at me, my supervisor told me to shoot him he was in sight but didn’t have the shot. I chose to give him a a few more steps before I opened up before I did anything. I was lucky enough to take him into custody my partner was just around the corner my supervisor didn’t know about and he was able to take him into custody once he realized there’s now two guns on him. Gotta love Section 8
@jimhanty81492 жыл бұрын
Trying to be totally safe and offend no one ,WE as a nation are going “OVERLAWYERIZE “ every facet of our life to the point we all will spend our time sitting on the floor shivering and twitching out of fear of committing a crime by doing anything……what a wonderful future to imagine..!
@napalmstickylikeglue2 жыл бұрын
The state I reside in, pointing a firearm at someone is not considered brandishing... if its a legitimate self-defense incident with yourself or another person. I personally had a use of force incident where I had no choice but to pull my weapon on the subject, but I didn't have to use it because the subject disengaged as soon as he saw it. I called the police to report it and they didn't even send anyone out to take a report. Told me if I wanted to report it I could come in and make a report.
@terrydooley24382 жыл бұрын
If my car is pulled over by police while traveling in state or out of state does it make a difference if there is a bullet in the chamber vs. an empty chamber but full clip ?
@rmagistr11 ай бұрын
I’m in Texas and have an LTC. What if between around 10pm and 4am while I am loading my car or about to get in my car, I see a man is about to approach me or let us say he even said, “excuse me”, can I draw my gun at low ready or just pull up my shirt and hold my gun still in the IWB holster just to be ready, before he can say something else? With the increase in crimes, I would definitely feel threatened being approached by someone around that time, so can I at the minimum lift my shirt to hold the gun to be ready to pull it out?
@bearcountrypublishing5303 Жыл бұрын
I think any attorney that wants me to call and report anything is a fired attorney. One of the purposes of having an attorney is that they speak for you.
@jackjones94605 ай бұрын
Being arrested for something makes a serious problem in your life. Having to explain to your boss why you “aren’t really guilty” and “everything will be OK is not something I ever want to have to do again. I enjoyed my old job.
@1kbs112 жыл бұрын
Very informative and helpful video. (JF)
@donjohnson77192 жыл бұрын
Did they comment on whether showing without pulling from holster is considered brandishing?
@jackjones94605 ай бұрын
Even if I have a retained lawyer how can I ask that attorney how I should or should not behave in every legal situation? Seems a huge variety of situations.
@gtsteele62192 жыл бұрын
If I take two to the chest, can I then contact my lawyer to see if it's ok to shoot back?
@jamesalles1392 жыл бұрын
thanks
@rarelibra Жыл бұрын
Maryland considers the use of OC spray as a lethal threat ... so if you do so, you need to prove that the threat was imminent and lethal. In fact, in Maryland if someone sprays you with pepper spray (esp. unprovoked), and you have a CCW, you can respond with deadly force in the eyes of the law in MD.
@tbolt58832 жыл бұрын
Do you ever hear of actual criminals being charged with "brandishing" ?
@wilshirewarrior27832 жыл бұрын
I am concerned with what might happen to ME..not some a-whole with no future.
@jhlittleelect2 жыл бұрын
Another thought is " Dead men tell no tales"
@bigDrob2 жыл бұрын
It's just crazy all the nuances to brandishing or just everything around owning and carrying a firearm, especially when a county pushes the issue over political reasons. Imagine getting suspended for running in the hall in school. Except you weren't really running, you were just walking but your arms were moving fast.🤣
@pro-tekprofessionalservice15312 жыл бұрын
In Florida look up 790.10 and 784.021.
@kennyphelps11602 жыл бұрын
Don’t have a good answer for a corrupt law imagine that
@turtlegreenful2 жыл бұрын
Carole Nelson, Kingston, Washington State
@aboringsandwich2 жыл бұрын
"Good luck trying to find it" >googles brandishing laws in [state name] >oh here it is... I often wonder how she spends her free time... LOL
@nhattaoGM2 жыл бұрын
I am a TX Lawshield member, LTC. Q: Is it illegal to carry AR type pistol with strap on shoulder? In public
@uslawshield2 жыл бұрын
This is a great question. If you're a member, please call our non-emergency line to get an answer from an independent program attorney at 877-448-6839.
@feliciasisk4942 жыл бұрын
From what I can find in TN, it's about intent. Just your gun showing is not brandishing. If you are committing a crime and displaying a firearm then it is brandishing.
@bigfun73722 жыл бұрын
You probably right, it's interesting how every state treats it differently, in NY on the state level the penal code refers to it as menacing, or harassment. But some counties take it a step further and call it failure to conceal, for even an accidental showing, ie stretching to get something on the top shelf at a store...
@ThoseWhoGlampTogether2 жыл бұрын
You were talking about pepper spray, I own a Byrna which is a non lethal “gun” that shoots pepper balls, where does this fall in the spectrum of brandishing for self defense?
@MicroUrb2 жыл бұрын
Anyone know the name of the song at the beginning? I am a US LawShield member, do I have some privileges in terms of getting the name of that song? I would love to listen to it over and over.
@open-carry-guy8882 жыл бұрын
THE RIGHT TO BEAR ARMS SHALL NOT BE INFRINGED!!!!!!!!!!!!!!!!!!!!!!!!!
@billrediger70412 жыл бұрын
Good information
@traumajock2 жыл бұрын
SO you are carrying concealed in a no open carry area, but you are printing to the extent that someone can discern if it is a revolver or semi-auto. To make trouble, they call police and say you intentionally displayed it in a threatening manner. My suggestion is to have a gun with a very distinctive appearance. Something irrefutably unique. Like a neon green or yellow grip. a white holster with a red stripe. They either saw it or they didn't. They should be able to tell the police what color it is if they saw it..
@wilshirewarrior27832 жыл бұрын
Something I have been surprised about after thinking on it. I have carried concealed for over 50 years..not every single day of course but A LOT. In all that time only one person (in a barber shop) ever noticed that I was carrying and I have been often very disinterested in whether it was noticed or not. In other words I did not go to any trouble to worry about "printing" etc. My point is: people who carry ccw but who are not law officers worry too much about the weapon being seen. People are just not that observant and that is a fact but actually who cares if someone "guesses" you are carrying anyway?
@napalmstickylikeglue2 жыл бұрын
If you are printing to the point an individual can tell you are undoubtedly carrying a firearm, you need to work on your concealed carry methods. That being said just because someone accuses you of something doesn't necessarily mean that you are going down for that something. Law enforcement aren't just going to throw you in jail because someone accused you of brandishing. Probable cause has to exist for such a complaint to be acted on. Witnesses, video evidence, admission of guilt, etc. If it's just a he said she said thing.... They might do a report on it but they're really not going to act on it. 1. They didn't witness it. 2. An accusation doesn't qualify as evidence. Keep in mind, even if you're unarmed... A citizen can make a complaint against you stating that it looks like you pointed something at them that looked like a gun. If you don't have a gun then they get to play the "it looked like a gun card" and skate free. So anything can happen....doesn't mean it will go bad.
@madscientist45782 жыл бұрын
I witnessed this firsthand on the beach in S.C. My boss and I did a service call on a boat, the owner refused to pay, it escalated to a fistfight, then the owner's son was bashing my boss with a closet pole. That's when he brandished his 44. They backed off, cops came from everywhere,and my boss,not the owner,went to jail. It took him 4mths to get his gun back. Meanwhile, I took the rollback back to the shop. Cop says to me, " why didn't you get in the fight?" I told him, " someone needs to stay outta jail and pay the bills." Cop says, "you're the only smart one here" !!
@carllawson52758 ай бұрын
I mean all of this seems to be built for the good people. I highly doubt even after all of this, who could possibly have presence of mind in the heat of a moment.
@jiminauburn50732 жыл бұрын
A friend got charged in California for brandishing when he went out to confront some people on his rural property in the middle of the night, and had the gun in his hand at his side.
@jamesgullo82402 жыл бұрын
Thats insane, but it is California. Had your friend been killed, the same people could have cared less.
@jiminauburn50732 жыл бұрын
@@jamesgullo8240 In the end, he pled guilty to disorderly conduct or something like that. The brandishing charge could have brought up to a year in jail I think, plus he would have lost his gun rights. By pleading guilty to the disorderly conduct, he gets to keep his gun rights, and got probation, but had to give up his concealed carry permit for a year, and then he can apply again. I doubt he will ever get one again.
@jamesgullo82402 жыл бұрын
@@jiminauburn5073 That is messed up. I am sorry for your friend.
@napalmstickylikeglue2 жыл бұрын
In States like California you're just better off getting killed than protecting yourself.
@jamesgullo82402 жыл бұрын
@@napalmstickylikeglue 😂
@joefaber15272 жыл бұрын
Me over here in jersey realizing none of this applies to me
@ranger53092 жыл бұрын
It’s sounds scary to hear a lawyer say (See you next time) and the end of a video ! 😂🤣
@bassmangotdbluz35472 жыл бұрын
Virginia calls it "Brandishing a Firearm", an assault by threat.
@daleweller51932 жыл бұрын
Draw and shoot, no time to brandish.
@amaturemusicians2 жыл бұрын
.Washington State: UNLAWFUL DISPLAY OF A FIREARM OR WEAPONS (AKA BRANDISHING) (1) It shall be unlawful for any person to carry, exhibit, display, or draw a firearm or weapon in a manner that either manifests an intent to intimidate another or that warrants alarm for the safety of other persons. (2) Any person violating this law above shall be guilty of a gross misdemeanor. If any person is convicted of a violation of this law, the person shall lose his or her concealed pistol license. The court shall send notice of the revocation to the department of licensing, and the city, town, or county which issued the license. Take careful note that a conviction of this crime can result in a permanent deprivation of your 2nd amendment rights.
@jamesbell72202 жыл бұрын
Comments up to the 11 minute mark: Solution to brandishing by any name: Never intentionally show your gun for the purpose of a deterrent unless you bring it to bear out of necessity and intent for immediate use as justifiable lethal force. Open carry generally is sensible in some ranchland and backcountry circumstances in which the potential threats are feral and wild animals. In urban circumstances open carry is foolish. Open carry is uselessly provocative to those opposed to the 2A. Open carry marks you as a target for the perpetrator of a robbery to which you are a bystander. It also marks you to a perpetrator, ironically, as an easy victim for an assault out of which the perpetrator will gain the further benefit of taking your gun. Beginning at 7:20: Checking whether your gun is there is a failure of discipline and a weakness of confidence. Work on overcoming both of those problems
@jackjones94605 ай бұрын
Police are tasked with arresting people who may have committed a crime. Prosecutors are judged by how many successful prosecutions they have. The DA and prosecutor get no bonus for how many people they release without charges.
@chucktrent187 Жыл бұрын
Please explain how cops get away with pulling their weapon
@fredjimenez9084 Жыл бұрын
I'm in sc I catch you breaking in my car you are going to have a bad day. I hope I never have to use my firearm but it's good to know I have a fighting chance.
@chucktrent187 Жыл бұрын
Please explain how a cop gets away with pulling their gun as soon as they approach a citizen?
@thogevoll2 жыл бұрын
It sounds to me like and especially if you are a family man that it's better to be killed by an assailant than it is to defend yourself even if you have self-defense insurance. If you defend yourself then your family is potentially financially ruined but if you're killed then your family may have the grief but the also have your life insurance and your saving to live on.
@jimrollin232 жыл бұрын
Michigan Penal Code 750.234e Brandishing firearm in public; applicability; violation as misdemeanor; penalty. Sec. 234e. (1) Except as provided in subsection (2), a person shall not willfully and knowingly brandish a firearm in public. (2) Subsection (1) does not apply to either of the following: (a) A peace officer lawfully performing his or her duties as a peace officer. (b) A person lawfully acting in self-defense or defense of another under the self-defense act, 2006 PA 309, MCL 780.971 to 780.974. (3) A person who violates this section is guilty of a misdemeanor punishable by imprisonment for not more than 90 days, or a fine of not more than $100.00, or both.
@deckerhand122 жыл бұрын
They are good. I would love to get even nappen and maybe a California lawyer as well as a New York lawyer to talk about insane gun laws in blue states.
@maveryckstevensonesq93972 жыл бұрын
I'm a CA lawyer. I also legally carry, open in States where I can, and concealed in States where required. Have them contact me for a roundtable discussion.
@lyfandeth2 жыл бұрын
Pull a ddock puppet over the gun and hand, so you are just brandishing "lambchop". From the Shari Lewis show.
@TheMicroTrak2 жыл бұрын
Do Texans ( Or anyone other State's Citizen) have an obligation to report their own brandishing of a firearm? Does a Texan have legal obligation to even report that he used a firearm in self-defense? ( The Lone Ranger always seems to have left the scene before the real police had a chance to thank him...should we act that way too?)
@beetee42952 жыл бұрын
Pillows have been an instrument of death 💀 many times😉
@kitwin99052 жыл бұрын
Do you have a podcast about knives, when is it justified use it
@slick49222 жыл бұрын
When a cop shows up to a location and a dog is growling and barking at them 95% of the time they shoot the dog . So really they should be charged .
@JacStocker20 күн бұрын
Don't carry openly into crowded public places 😒 genius
@jamesmotheral19192 жыл бұрын
Fear , fear, fear.
@philipberry28682 жыл бұрын
So after 46 min. bottom line is check you own state.
@richardefriend2 жыл бұрын
Is a canister of pepper spray a "weapon" such that visibly threatening to use it is considered brandishing?
@customercustomer41322 жыл бұрын
So......... I'm sitting on my porch with my pistol in my lap. Haven't picked it up. Haven't threatened any one. Certainly haven't pointed it in anyone's direction. What's the problem???
@georgebowman1060 Жыл бұрын
👍
@georgebowman1060 Жыл бұрын
lol wilting flower 🌺
@OneAdam12Adam2 жыл бұрын
Lawyers. Ugh. How to make something more complicated than it needs to be.
@TheNorseman172 жыл бұрын
At minute marker 17:22 he talks about a man who obviously felt that he needed to get ready to defend himself and so he pulled his gun out, and yet that is brandishing, so you’re telling me in the situation it’s better to pull the trigger and call self-defense, because clearly the man was defending or getting ready to defend himself and his sons life. I don’t have a quick draw, so I would be like this guys situation where I have to pull it out anticipating a threat? Also what about verbal warnings that you have a gun, is that OK? Could he have done that instead of pulling it out?
@waynegroves69222 жыл бұрын
Do not ever warn someone who has already made the decision to attack you that you are armed - your concealment of that fact is usually your only advantage. By warning someone that you are armed, in hoping that they will rethink their actions, you give them the opportunity to formulate a plan to disarm you. Some people will even dare you to shoot them; those people are mostly low-IQ knuckledraggers anyway, so I really wouldn't stress over the fact that you will probably have to shoot them anyway.
@georgebowman1060 Жыл бұрын
Is US Law Shield just for gun matters??
@aarongluchowski28872 жыл бұрын
At 44:00 there's another consideration to factor in here. While you may be very much within your rights as a homeowner to have a gun in hand (brandishing) while investigating a disturbance on your property at night, if the disturbance is the police investigating something then you may very well be both within your rights and dead. I am of course referring to cases where police have shown up at the wrong house and shot the homeowner n their homes (even from outside through their windows) because they see a gun in their hand. That begs the question: If police are allowed to shoot you because you have a gun, or because they believed you have a gun even if it was a phone or wallet, do you really have the right to right to have a gun? I guess it goes back to being "both within your rights and dead". Maybe one day our children or grandchildren will come up with a better system that disallows the execution of law abiding citizens who are not committing any crime...especially in their own homes or on their property.
@alanklein6910 Жыл бұрын
Why are you not speaking into your microphone? You keep turning your head and your volume goes way down.
@markmcgoveran68112 жыл бұрын
In the case of holler back and get out of here I have a gun, where are you is the critical thing. I would be far better off yelling get out of here I have a gun to someone who is on my property coming in my house something of this nature versus someone I saw at McDonald's.
@Shinobi1Kenobi2 жыл бұрын
I'm a member and long-time martial arts, self-defense, and shooting instructor. I have lived most of my life in TX, MO, and FL; but I have traveled extensively and lived in more states than this. This is the 2nd one of these trainwrecks I've watched since joining. The FL attorneys do a much better job. These videos should not produce people too afraid of legal consequences and confused about appropriate use of force to defend themselves. That might work well for U.S. LawShield's bottom line, but it does not help the viewers one bit. Pretty disappointing.
@michaelkaiser18642 жыл бұрын
The system is scary. Life is scary. I neither intend to stop carrying nor living.
@earlmorton12162 жыл бұрын
@Ken, I disagree. I find these videos extremely helpful. I don't live in Texas, but these attorneys present principles that apply generally elsewhere, and when they are talking about state-specific details they are good about emphasizing that the laws in your state might vary. These videos do NOT make me afraid of legal consequences or confused about appropriate use of force.
@joaniem38172 жыл бұрын
I frequently walk in a park nearby that is known to have bears, so I carry bear spray. I also keep it in my purse when out of the house. If I use that on a person instead of pepper spray is that legal?
@Craptalker2 жыл бұрын
Yes
@michaelkaiser18642 жыл бұрын
26:00 Still likely considered assault but legal (depending on local laws). Its a less lethal WEAPON. Still likely to have a conversation with the police...after calling the lawyer!
@joaniem38172 жыл бұрын
@@michaelkaiser1864 Right, that comment prompted my bear spray question. I don’t know if bear spray is more lethal than pepper spray. But I’ll keep it on me; better safe than sorry.
@michaelkaiser18642 жыл бұрын
@@joaniem3817 If I were gonna use spray, I'd use the baddest stuff on the market. As far as "safe/non-lethal", even "key chain" stuff could set a person into a reaction. My view? You werent looking for a problem. They were. You helped them find it as a public service lol. Note. Dont say this to a cop or court LOL!
@wilshirewarrior27832 жыл бұрын
If the person is just asking for directions it is not legal. If they are attempting an assault..it is legal. Hope that helps.
@georgebowman1060 Жыл бұрын
That's crazy police 🚓🚨 arrest someone showing their weapon during mob riots in their own house through a window 🪟.!
@DavidEColon9 ай бұрын
This was not a very useful panel when the answer to every question is "it depends".
@williamwenrich32882 жыл бұрын
I believe that it is too dangerous to attempt a citizen's arrest. An extreme example, you are walking to your car and someone hits you with a tire iron breaking your off arm and drops the tire iron and walks away laughing. You have to let them go. Prosecutors are the most powerful people in America.
@johnmullholand20442 жыл бұрын
I'm no lawyer, but AFAIK the situation you describe would be considered Assault With A Deadly Weapon. You'd be entirely justified to not only draw your pistol, but to shoot your attacker, in self defense.
@maveryckstevensonesq93972 жыл бұрын
@John Mulholland - Disclaimer: this is not legal advice. I am a lawyer. And your answer is probably incorrect. In the scenario, the post said the assailant broke your arm and then walked away. You can't draw your firearm and defend yourself because the attack already happened and now they are walking away. So there is no longer an imminent threat. Unfortunately, unless you're going to step onto the shaky ground of a citizen's arrest... Unfortunately, you have to let them walk away. Then you can call the police and report the crime. Your answer would be correct if you saw the attacker approaching you with the tire iron raised in a threatening manner and about to swing it at you... then you could defend yourself. But not after they hit you and they're walking away.
@williamwenrich32882 жыл бұрын
@@maveryckstevensonesq9397 exactly the point that was made in my concealed carry class. (This is also the reason I specified “off arm”.) If they don’t have the weapon and are walking away the are not immediately threatening you.
@waynegroves69222 жыл бұрын
@@williamwenrich3288 Yet, they just committed a serious battery upon you; and who's to say they won't return to finish the job. I say draw your weapon anyway - just in case; if they turn back towards you . . .
@wulfgar91192 жыл бұрын
Keep in mind that the law is always grey...
@bassmangotdbluz35472 жыл бұрын
... but Emily's right; A&M Sucks. HOOK 'EM HORNS !!!
@cycleboy80282 жыл бұрын
Printing can be brandishing if you point to the obvious bulge along with the other elements. Step 1... everyone needs to learn to control their anger and tone so you can't supply any of the other elements of threat, etc. EDIT: I should have waited 2min... @14 they start discussing.