This Overlooked Gun Law Could Land You In Jail?!

[@USCCAOfficial]

What questions do you want Kevin and Tom to answer next?

[@br8801]

Legal concerns and prudence regarding carrying loaded backpack guns and rifles in your vehicle. E.g. what if I want to have a truck carbine loaded and cruiser-ready in the cab? Legal?

[@13BGunBunny]

Anything Illinois related.

[@russellfleet7636]

places people not able to legally carry. Should be talked about.

[@GodsMan500]

How to rally together to change oppressive state self-protection laws.

[@TheMityquin]

They didn't really answer this one.

[@donalddicorcia2433]

Never understood “brandishing” rules. If letting an aggressive person know you are armed de-escalates a situation without shots fired, that should be a good thing.

[@1014p]

Its because at a time it was probably done in threatening ways by less than honest people. There was a time where pulling out a shotgun was done to prove a point or close a conversation quickly. Really its the old meme idea of the whole so your dating my daughter and as your talk to the boy your cleaning your shotgun. I can come up with other things I have read, but its pointless in conjecture. Either way like many other things, somebody or many somebodies abused it and caught the attention of wrong person. I would say these days it should be relaxed as a point of hey DA free conviction points. But there are subtle ways to also do so without actually showing your gun. The I am a hard target time actions which vary person to person.

[@trap6445]

Right? police officers never wait till the last second to pull out their firearm to be sure there's actually a threat

[@towman3492]

Only in a normal world which we obviously don't live in anymore. but on the plus side my 9mm now identifies as a 44 mag so yea

[@Yung_Goudaa]

Well most states have some kind of brandishing law to prevent people showing guns when arguing/road rage. Different than showing a gun when someone is being threatening/aggressive.

[@gman1550]

Disorderly conduct is often a cops way of making up a charge where there is no crime

[@frankbutta9344]

…and for a judge to decide.

[@charibrianshingirai5358]

And to start misusing state resources

[@wstwest]

Facts! 👍🏼

[@guynoir4733]

Resisting arrest is a good one . Had a friend of mine that had his mechanic shop raided because of mistaken identity was slammed to the ground and knocked a front tooth out they entered his residence which was about 200 feet from his shop on the same property and arrested his wife , they had no search warrant . All charges were dropped except Resisting Arrest for which he got two years probation .

[@kurtschmidt5005]

@@guynoir4733 that’s disgusting and that’s why I see the police as domestic terrorists! Think about it! They can do whatever they want almost and get away with it! They enforce all kinds of unconstitutional laws

[@JerryLee..]

When is brandishing a crime? It depends on the situation and the state. (Just saved you 7 min, YW)

[@deebee4575]

Exactly.

[@michaelhargis7036]

Thanks 👍

[@not2faright701]

Depends on the cop and what he tells the DA, and what the DA’s agenda and ambitions are. Sadly

[@cassiespencer6134]

Brandishing is often referred to as meaning several things. For example: Improper exhibition of a weapon, unlawful display or defensive display. That said, it comes down to one key thing: threatening. The point being: a firearm one carry’s for self-defense does not give you the authority to take the law into your own hands. It’s the right to defend oneself against an imminent threat of grave bodily harm or death. Furthermore, one can't simply claim an imminent threat of grave bodily harm or death existed, as though they’re magic words that will instantly serve to protect you from prosecution. Instead, you must first try to stop and/or de-escalate the situation. That means the use of lethal force was the only and final option available. And if you didn't shoot you'd almost certainly be gravely injured or killed. Furthermore, the facts of the matter, along with any witnesses must agree with what you claim occurred. That's a lot to think about in a very short, chaotic and immensely frightening period of time. That is why training is critically important. I can't stress that enough. And I say that as firearms and self-defense instructor, along with real world experience in bad places, where bad individuals were engaged in bad things.

[@storiesinmotionstudio8576]

If you hope to retain your conceal permit - don't brandish. It's a misuse of your right to bear arms.

[@dalord5933]

It's your life; properly defend it. First step: Cut out the propaganda.

[@evanf1443]

Brandishing in my state, by law, includes the intent to intimidate outside of a self defense scenario. So if they can’t prove that you were intending to intimidate or threaten someone they can’t really get you on brandishing. Disorderly conducts like you said might be considered different and be used to make an arrest anyway.

[@captainthruster9484]

If someone thinks I cut them off or has an attitude, I'm 5'7 150 lb and they are 6'8 320 telling me they're going to kill me, I can't draw my gun and tell them to get back in their car? That's just stupid. One punch from a giant like that could end my life

[@gfyyoutube7702]

Bottom line, the ONLY time you should reveal your weapon outside of a training environment, is when you're doing it to save a life. It's really very simple.

[@endysoto6108]

PERFECT I COULDNT SAY IT BETTER MYSELF! Cover your ass. If you can’t deescalate the situation and that person is hurting you or about to , make them take the temperature challenge. But get ready for the legal fight after.

[@jamesspeed2137]

What about cleaning it in your house but one of the guest walk in the room your in and see it will that be considered "brandishing" ?

[@duke88nuke]

@@jamesspeed2137 no

[@ThisWhiteGuy]

Check your state laws. Even that can get you arrested of the person doesn't want to be saved. Weapons are to save you and your family by legal standards...

[@ThisWhiteGuy]

@@jamesspeed2137 depends on your state. I had cops called on me in California for air soft guns in cases moving from a house to the car. I almost got arrested that day.

[@dbadaddy7386]

Shortly after Florida passed a concealed carry law, someone who was carrying and wearing a jacket that concealed his weapon got caught in a wind gust and his weapon was momentarily visible, and he was prosecuted for brandishing. The law has since been updated to cover momentary unintentional visibility.

[@1014p]

Was said individual released? It is only fair in many ways. Kind of like the people locked up for weed possession and stuff now legal. Sure they did it when illegal, but community service with probation should be enough after its legalized.

[@SARFamily1776]

Thankful for you guys. Thank you for helping me understand the laws better so I can safely protect my family. @USCCA

[@terryalford8400]

If you have to protect your family .pull shoot Don't threaten just do.self protection is not government given rights ,they are god given .I would shoot every cop every person to protect my family, then worry about court trials better to be judged by 12 than be carried by 6

[@philipbuckler3861]

Twice in my life, I have had to pull my gun out to stop a threat. Neither time did I "point" the gun...both times this action stopped the threat, and the other person went to jail. I went home.

[@Blando7887]

Years ago in my ccw class, the trainer said if you reveal your firearm you’re revealing it with the intent of stopping a threat, otherwise you are potentially risking a felony aggrevated assault charge

[@Skank_and_Gutterboy]

That is damn good advice. Do not EVER tell law enforcement: "I pulled my gun on him to scare him and it worked." That's pretty much the definition of brandishing.

[@mixter7x7]

i live in an open carry state - but do not open carry. there have been a few times when simply allowing a potential threat to realize i'm armed has ended any further aggression. ( mostly in gas stations ) not by drawing a firearm or pointing it at them but simply by positioning my hand or the motion of my hand and arm. thankfully they took the hint and retreated.

[@VeraxMusic]

That's good. I'm curious, were they originally approaching in a menacing way? Or did they say something to you, etc. Just curious how those incidents went down.

[@mixter7x7]

@@VeraxMusic 1- Approaching me for no reason in remote areas of a parking lot. Probably just asking for money but once they’re on you it’s too late. 2 - Trying to come at me from 2 angles in a hotel parking lot. Upon realizing I was armed they decided they didn’t need whatever they needed before. 3- 3 am call to work - I needed gas. Started filling my car and a car pulls into the lot up to the pump across from me. Turned towards the car letting them see the handle of my pistol sticking out of my pocket. They drove away. 4 - Some people were following me - late at night . I rolled into the light where I knew they could see me under a street light. I slid the magazine out and back into my pistol. Never saw the vehicle again. At least 4 times I remember that letting someone know you’re armed has ended a potential conflict. No cops, no jail, no bail, no lawsuits etc.

[@mixter7x7]

@@VeraxMusic The previous incidents took place without me pointing my pistol. The following happened with my pistol pointed at the other person but they didn’t know it was pointed at them. I had a road rager once who got out of his car and was walking towards me when traffic started moving again and everyone began blowing their horn at him so he went back to his car and drove away. What he didn’t know was my pistol was pointed at him through my door. In a gas station there were 2 guys going at each other so I parked behind them to wait for the scene to play out. One of them saw me watching and began directing his aggression towards me while approaching my car. I pointed my pistol at the door and waited for the glass to break. His girlfriend / wife called him back to the vehicle and they left without incident.

[@JugglesGrenades]

My pistol stays in the holster, unless someone is threatening me with death or severe bodily harm. That's why, when I carry my pistol, I also carry pepper spray. I figured that I needed something between a harsh word and a hollow point.

[@mikesdname1]

credit asp with a slight variation. I like yours better

[@jamesruddy9264]

The DA would love to find out you carry pepper spray but chose to use your gun instead...you're going to make his job of convicting you a whole lot easier.

[@migumz580]

@@jamesruddy9264 excellent point.

[@andnorr7738]

I think there is a major problem when you defend your life when it is in true jeopardy and lawyers give you, " it depends," answer on whether you go to jail or not...

[@CDguyincali]

I think most people probably understand, maybe even agree with your statement, but the law is incredibly nuanced. Therefore, this is the answer most legal professionals would give (at least the ones I have worked with or for); in fact my professors even taught us this answer in law school as a catch all answer until the facts support a yay or nay and even then the answer could be, it depends. Getting down to the nitty gritty of whether you broke the law or not requires all the facts and rarely will a legal professional get that even from their own client.

[@andnorr7738]

@P N What unwritten factors and how much do they generally weigh in the case?

[@supremeautomotive6749]

Like Kyle Rittenhouse

[@richb.4374]

Kyle Rittenhouse taught us all a valuable lesson. You can defend yourself 100% legally and still be in jeopardy of spending your life in prison in liberal controlled areas.

[@andnorr7738]

@@richb.4374 True. While circumstances still matter, a lot of it depends on where a self defense situation happens.

[@vmarc4682]

When all is said and done if, the perp you pointed a gun at calls the cops first, you're in trouble.

[@normtheteacher5485]

This is why I wear a body camera anytime I go out. The camera doesn't lie.

[@richb.4374]

Dead perps don't call anyone.

[@normtheteacher5485]

Wear a body camera. They don't lie.

[@VeraxMusic]

@@normtheteacher5485 What kind do you recommend?

[@normtheteacher5485]

@@VeraxMusic MIUFLY is the brand I have used now for 3 years. The battery lasts for 10 hours of continuous recording and it has enough memory for 20 hours of video. Have had no problems except for recently the screen sometimes doesn't show an image. Has been dropped a couple times on hard concrete so maybe that's the problem. The camera still records though when the screen doesn't show the image. Now and then the screen does come back on. Can't change menu options until it does. I've been real happy with it and I am going to get a second one. Bought it Online. Just Google MIUFLY Cameras and Google will get you there. Cost me $160 + $10 shipping 3 years ago.

[@miked2543]

The entire injustice system is geared toward finding any reason to disarm a citizen whenever possible.

[@ricardoflot2787]

SMELL IT and TELL IT NOW! ☝️🙄

[@Stoney47]

Sure sounds like states make up laws just to stop a persons constitutional rights.

[@ricardoflot2787]

@@Stoney47 ESPECIALLY BFS!☝️😳

[@Stoney47]

@@ricardoflot2787 I guess no one will understand what you are talking about.

[@ricardoflot2787]

@@Stoney47 Speak for yourself!☝️🙄

[@guydavid8656]

Thanks again y’all, very good to get input and advice, and yeah brandishing is something that anybody in trouble basically I’m not letting anybody see that I even have a gun until I actually need to have a gun drawn in defence #StayFree

[@ericschneider8524]

In the days of yore an adult did not go into a town without carrying some type of firearm. The problem today is not guns. It is mental illness.

[@jenniferp4612]

Question: what is brandishing a gun and when is it illegal? Answer: yes, no, read the law in your state.

[@dmoney6005]

@Thorn in the side Unfortunately I couldn’t agree more. It’s pretty much fudds too

[@-_-_-_-318]

I agree, this lawyer is frustrating to listen to. You come in expecting a technical discussion and it ends up being a bunch of circular rhetoric. I can't watch these anymore.

[@mikeroy6713]

Thanks @Jennifer P you just saved me eight minutes I won’t get back. Click’n out.

[@jamesgaughenbaugh1040]

@Thorn in the side seems pretty simple to me. There are too many things to consider. First, your location the laws in your area may be different, and probably are, than where these guys are. Then there are the details of the incident, your state of mind at the time, etc. So no, a definitive answer is not pissible.

[@jamesgaughenbaugh1040]

@@dmoney6005 and at least one weekend warrior

[@timhallas4275]

As far as I am concerned, since I have a concealed carry license, and live in an open carry state, if my gun never leaves it's holster while in public, I cannot be charged with a gun crime, whether you can see it or not. You can ask me to leave your property if my gun makes you nervous, but you cannot charge me with a crime, because it's presence is NOT endangering anyone.

[@jamesorth1521]

You are wrong. Brandishing is different than open carrying.

[@LoanwordEggcorn]

@@jamesorth1521 Well you're both right in a sense. The OP answered the wrong question. As you note, open carry by itself is not the same as brandishing.

[@KennyCoin]

As far as I'm concerned, you're correct. Just watch the carry laws for your state, thankfully mine doesn't give lawful power to the no weapons sign so it stays concealed. It actually makes you AND others safer, it keeps you from always being in danger of a negligent discharge or accidental discharge.

[@timhallas4275]

@@jamesorth1521 I said, "...if my gun never leaves it's holster while in public." A gun in the holster cannot be called brandishing. You have to have the gun in your hand to be brandishing.

[@timhallas4275]

@@KennyCoin Concealed carry allows you to ignore the "no weapons sign". It is just a policy, not a law. You cannot be arrested for ignoring policy.

[@miked2543]

The lawyer spent the whole time apologizing for the b.s. "laws" and didn't actually answer the question or explain anything.

[@bobroberson9286]

DO NOT let the intensity of the moment cause you to overreact and do something you may regret later !!!

[@bobroberson9286]

@@bushmeatbandit4261 ABSOLUTELY RIGHT!!!

[@andrewwenner2781]

Smart way to think about it!

[@vitaly6312]

I think this conversation is needed but this is NOT helpful. I think what most reasonable cc’s want to really understand is when you draw (with reasonable fear for your life) and it gets the threat to stand down, are you looking at brandishing charges. An example would be a reasonable person drawing to stop a possible attack or robbery which immediately ends upon presentation-there are reasonable people that would certainly not shoot at that moment. Introducing the presence of a firearm at the moment that a crime is about to be committed would be enough to stop the action. Would that be seen as brandishing? I can tell you having pointed a gun at someone that was inside my house (mistakenly) I’m certainly glad I didn’t shoot, but would the same circumstance on the street be considered brandishing. I know there’s a lot of gray area in this, but better guidance is needed, especially if you have a cop and an attorney discussing this.

[@willtrax71]

Why hasn’t anyone replied to this Comment? It’s such a good point and I’m thinking the exact same thing as a DAV what are my limitations without Legal recourse?!! I know 3 Decades ago i was completely different but much more stoic and passive now.. amazing question..!! Semper Fidelis

[@vince1012]

Let's say 3 ppl surrounding you and asking you to lend them your phone, car keys, money? while touching the bulge on your strong-side appendix

[@willtrax71]

@@vince1012 it’s sad that it has gotten so political to just defend yourself and I don’t like anyone behind me in the Grocery store line so yep that’s a Red Flag from the start..

[@badross1001]

. Ki III up jj mo no

[@floydbraido2426]

The laws is a complex thing, isn't it.

[@goosubux]

I had my gun grip come out of my pocket at the scrap yard while I was unloading scrap. I was very new to carrying and did not have a decent holster. The workers at the scrap yard jumped back and started saying "yes, sir", "thank you, sir". I learned from that and it has never happened again.

[@dennismood7476]

Kevin, I know from experience that there is a galaxy of difference between a citizen's concept of what constitutes a danger and a police officer's concept of what constitutes a danger. Watch ANY 1st and/or 2nd amendment videos and you will see that the presence of a dangerous situation, in many instances is CREATED whenever police arrive on the scene.

[@crashland5711]

Hell if you sneeze in front of a cop he can shoot you and claim "He feared for his safety"

[@gmac8852]

@@crashland5711 and they can take your life for sneezing or any sudden move weather they see a weapon or not even an epileptic attack caused by the strobes on police vehicles can get you killed.

[@timrogers2638]

One thing that may be decisive in law enforcement determining whether or not drawing ones weapon in self defense is "brandishing" is who calls 911. If a person legally carrying a firearm draws it in self defense, as soon as circumstances allow, that person should call 911 to report the incident. The first person to call 911 is more likely to be considered the victim, so that may help mitigate the likelihood of a brandishing charge. After making that call, call USCCA.

[@timrogers2638]

@Jason Shults - One would only be offering that an incident occurred, when it occurred, and where it occurred. In fact, offering unsolicited information is what victims do. Only provide your name, the time and location of the event, and whether or not an ambulance is needed. And, like I said, THEN call USCCA (i.e. a lawyer), and decline to offer any further information to the police until you speak to the attorney. NOT doing this gives the other person a chance to get their side of story in first, making you look like the "crazy person with a gun" who threatened their lives. I've seen this advice offered by a number of defense attorneys and former police officers.

[@napalmstickylikeglue]

I had a similar incident last year. An individual came at me in a threatening manner accusing me of harassing his dog while I was walking. Had no idea what he was talking about nor who he was and attempted to convey that to him. I attempted to get away from him but he still kept coming at me in a threatening manner to the point where I had to pull my firearm to stop the impending attack. The police didn't even respond. Central dispatch called me back and told me if I wanted to report it to go to the police station and make a report.

[@ocpggaming7762]

I live in Kentucky where you can open carry and conceal without taking classes now .

[@OGbqze]

How it should be.

[@duanemansel5704]

Same on TX

[@docbailey3265]

Yup. Here in Kentucky I’ve had pleasant conversations when I comment on somebody’s open carry (I don’t open carry).

[@onenikkione]

That's great but how well are you versed with Kentucky's laws when it comes to firearms?

[@davidroberts2404]

Nationwide you've never needed a permit. Called constitutional carry. Been doing it for almost all my life f the gov't.

[@scottgrandy531]

I feel that you should be able to have your firearm unholstered and visible in your own home. If someone is banging on my door at 2AM. I want to be able to go to the door area with my firearm as ready as possible for any scenario. This would especially apply for glass doors and doors with the glass on either side.

[@morgatron4639]

Typically there are no brandishing laws for the inside of your home. Check your state laws though.

[@not2faright701]

As usual, attorneys are clear as mud. Ergo: prosecutors can charge you whenever they want to, with whatever wording will will suffice.

[@1014p]

If you notice this lawyer guy he brings on makes very little clarity on things. More interesting is he once was a DA as well if what has been stated is true. I have noticed all these ex DA seldom ever seek to correct muddy laws. After all it means he rakes in the cash while the person in whatever legal battle is bled dry. These lawyers do not care that laws are mud and its literally rolling dice on how your convicted. I my view from what I see on many case types you can do everything right and there will be something a DA can get you on. Well you see he defended himself from a clear criminal. However we are charging him with jaywalking and public endangerment of entering a road way in a dangerous manner. Ok I here by declare guilty for jaywalking and entering regulated road in an unsafe manner. Please hand me your drivers license so we can cut it in half.

[@Dumbeddownbymedia]

All attorneys practice blacks law and Shakespearean word coloring. Their ways are kept secret for a reason.

[@Locoandchooch]

I live in Michigan, I have my permit, so I can carry concealed or open. I’m in Florida now, and it has to be concealed at all times, which is a little strict IMO

[@asherterry7173]

Mass non-compliance is what this country needs.

[@juggss]

yes sir

[@user-rf3cn2ou3x]

Who pays the court costs for that ?

[@USMCinfinity]

I'm a USCCA member, and I love what you guys are trying to do. But it takes a Master's Degree to even understand what you're saying. I know the law is complicated, and it varies state by state. But if you post a question as clickbait(in a good way) make sure you properly address that question in the most understandable way possible.

[@gfyyoutube7702]

You're not being serious, are you?

[@jessevaughan1680]

You do not need a degree to understand

[@glennsibley5347]

This is ironic to call it confusing what law are you process g here

[@janallen2569]

My Daddy was with The City Of Atlanta Police Dept for 35 years and retired in 1959 as the Lead Det for that department. I remember him telling me that your gun should never clear your Holster unless you plan to us it. To this day as a CCW carrier I still believe this to be true.

[@gman1550]

I’ve seen several videos on guns laws and what gunnowners can and cannot do. I’ve also been to live presentations by lawyers and former prosecutors. I still have no idea what the laws allows us to do and not do. I never come away knowing what is allowed

[@jamesspeed2137]

Every State is a Country with it's own laws that's what I've taken from these discussions

[@gman1550]

@@jamesspeed2137 I’ve been to presentations specific to my state and I still don’t know what’s allowed.

[@Brettskei]

That’s so they can brute use the police to arrest you, even though it’s a right protected by the Constitution

[@darinr9424]

When is it legal to brandish your weapon? Only when it would be justified in USING it. Texas

[@1BobsYourUncle]

When is it justified in using it? Texas

[@lonestar2107]

@@1BobsYourUncle from what I heard life or other needs to be in life threatening situations

[@jamesgaughenbaugh1040]

@@1BobsYourUncle if you have to ask that you probably shouldn't have a gun

[@1BobsYourUncle]

@@jamesgaughenbaugh1040 Shut up, what a stupid comment.

[@jamesgaughenbaugh1040]

@@1BobsYourUncle no, I won't. You asked a vague question, you got a vague answer. If you want a definition of the word. Look it up. If you want to know what actions your state considered brandishing you must again look it up. You should at least have a basic idea of this (and of course other things) before you even buy your gun let alone attempt to carry it.

[@largelarry2126]

I was taught that I have three levels of alertness, Green when things are just fine and running smoothly, Yellow when things are a bit iffy and someone is acting aggressive then Red when it's time to defend myself without hesitation. With me the criminal will never know i'm armed until I pull my gun and go to work. Letting anyone see your gun or know you're armed is a disadvantage 100% of the time and having a gun in your hand in just a split second is a real shocker. So why give this advantage up or use your firearm as a warning flag giving the attacker a little part of your biggest advantage. Years back I had someone at a gas station start trouble with my wife and he then grabbed a bat from his car and started walking right at me. As he got about fifteen feet away I pulled my gun lighting fast and pointed it at his face and started to fire. As soon as my gun was half way up he was starting to turn around and run so I re holstered, filled our car up, and drove away. He thought he was the most dangerous person in the gas station that day and it almost got him killed. I have attended all the class's offered at TDI Ohio and a lot of them several times over. I also have my own shooting range at our home and shoot all kinds of firearms weekly and have for 35 years plus I was a FFL holder and dealer for 18 years. This is an advantage most people can't overcome out on the streets or in a gas station.

[@Chill-mm4pn]

There's also a difference in making the butt of the gun visible and drawing it from your holster. Both would probably be considered brandishing. The former I feel is more discreet but I feel that if either stopped a bad guy from committing a violent crime, your actions should be waived.

[@dmsdmullins]

My CCW instructor and also my local police advise that if you feel threatened enough to pull your gun out you should pull the trigger.

[@shelbywilliams2942]

It should be OPEN carry across the country. Hopefully one day we can get there.

[@1776project-h4d]

I open carry all the time in Wisconsin and Minnesota never had a problem

[@robertsims9201]

I think it should be legal in all 50 states but I for one like to blend in. Open carry defeats that purpose. It would be a lot easier getting a drop on somebody if need be.

[@kennethmcfarland8478]

It will be soon. It’s called invasion. That’s when you will see guns carried all sorts of ways. Mostly pointed at you. In the mean time. Fly below the radar. It’s a real man that walks away to fight another day. Pick your battles wisely.

[@mimc1971]

In Oregon there is a menacing law. I was warned about this when I took a concealed carry class back in the day. Technically, if a person saw your weapon and "fealt threatened," whether you had drawn it or not, you could be charged with it.

[@napalmstickylikeglue]

I just looked up the statute for that and though you can be charged with it.... They have to prove that the activity you are doing is for the purpose of making people fear for their life. If your weapon is secured in your holster and you aren't grabbing at it or flaunting it in a menacing manner... The chances are pretty slim they would arrest you for it let alone the prosecution would pursue the charges. However you can solve that pretty quick by getting out of that communist state.

[@chrisbrake7219]

Thank you. These are extremely informative & educational!

[@teddtarwater4446]

My football coach told us that once the ball has been thrown it's anyone's ball. Since self defense happens in REALLY short distances, once you pull your firearm it's up for grabs. You must have a plan to keep it as well as use it. There's nothing preventing the individual froggy enough to start the incident to prevent they from pushing the envelope and going for what you have just 'brandished'.

[@davep4610]

I keep a gun safely near me at night, and available in a small safe any other time. Have not had formal gun training but have learned a lot from a friend and through videos. Since I bought the gun ~ 18 months ago I have thought-through many scenarios of things that could happen and how I would respond. In my mind, if there is "a bad guy" inside my house without permission, I am going to get my gun out if possible and will have it visible. If the bad guy sees the gun and runs away, then the situation is calmer and he does not get shot. Regardless of what is discussed here, inside my own home I would not hesitate to pull my gun and show it to hopefully get a bad guy to leave before I am forced to fully defend myself or others.

[@deebee4575]

You should really get training. One of the biggest failures of newer gun owners is that they never get real training. Not just gun safety training, but also tactical training. Because those videos are not going to help you when say, an assailant is shooting at you.

[@michaelf6705]

If someones n your house like that when your sleeping etc, you shoot his ass dont give him a moment of hesitation ,or he will know your scared game over.

[@TouhouNazrin]

Here in Georgia brandishing is only when you point/aim your weapon at another person. You can pull out your gun from IWB or OWB holster to show it to someone or whatever as long as you don't do it in a threatening way.

[@oldcop18]

During my career we were taught to keep our off-duty gun completely hidden all the time & that’s how I carry in retirement.

[@jamesgaughenbaugh1040]

What carrier? Police?military? Just curious

[@rumporridge1]

@@jamesgaughenbaugh1040 look at the name.

[@jamesgaughenbaugh1040]

@@rumporridge1 touche

[@lamarjohnson8730]

Why are the police allowed to point a weapon at you anytime they want for any reason but its not considered brandishing?

[@napalmstickylikeglue]

Because cops are government agents tasked with keeping the citizenry in line for the government. Which is why the law doesn't apply to them.

[@jim.h]

Two words: "Officer's Safety."

[@angrydragon4574]

The fact that we have to ask these questions shows how far "LAW" ENFORCEMENT has gone away from their sworn oath to defend and uphold the Constitution. God help us.

[@nottyours]

That right there!

[@leecooper566]

The USCCA videos are absolutely amazing and really educational. Very much appreciated.

[@USCCAOfficial]

That is great to see you find them to be educational! What one has helped you the most so far, Lee?

[@pnkssbtz]

The law isn't "Nuanced", what it is is prosecutors try to distort anything into the charge they want to get. I.E. they take the biggest hammer they have and try and smash whatever sized peg into whatever hole they think they can force it into.

[@PJHaley2448]

I once pulled my Firearm and held it at my side...totally in view...because a small group of, what I considered gang members, were positioning themself on the same line of walking that I was on. Once they realized I had a gun, they retreated to the other side of the street and the possible threat was over.

[@Marz-px6vx]

The only time a gun should be out is when at a shooting range, cleaning it or saving someone or yourself live. Use commonsense and only show a gun when needed.

[@rumporridge1]

Pretty much sums it up.

[@edwardstowers7272]

This is one of those nebulous areas that are so hard to give a perfect answer to. Like you, I don’t consider accidental exposure or printing to be brandishing. But it doesn’t matter what I think. It only matters what the prosecutor thinks. As you know from the Teuller Rule, a bad guy with a knife can close very fast and be deadly, on the average of 21 feet before a cop can draw and shoot and that’s from an open retention holster. Concealed carry will take longer and extend that distance. Determining you are under attack and getting the weapon on target as you get off the X may be very difficult to do time-wise. If you draw and the attacker stops, you could be charged with brandishing by a gun hating prosecutor even though it is the correct thing to do. Such a prosecutor will try to claim you didn’t need to draw your weapon because you obviously weren’t forced to shoot (but only because the attacker stopped). On a practical side, better to be alive and charged than dead or injured. On a legal defense side it always comes down to articulation in court. Expect to be charged even if you do everything right. And get carry insurance to ensure you get prompt, well-trained defense attorneys in the case ASAP.

[@ellissmithjr6599]

Here in Mississippi we have Constitutional carry law...also in my County as many others here are Sanctuary Counties...in Mississippi there is no such thing as accidental Brandishing...I also carry a CCW Enhanced Permit so that I can carry my handgun in federal buildings including courthouses,Banks, Schools and Universities ... this Permit also allows me to carry to 26 + other states as well... God Bless the South and America 👍😎🇱🇷🇱🇷🇱🇷.

[@1014p]

CCW Enhanced Permit? I am not sure I have heard of this. Have 2 different licences myself but not anything like that.

[@ellissmithjr6599]

@@1014p It depends in what state you live in,if they have it or not... I have been carrying concealed legally sense 1995... but I have been carrying concealed a lot longer than that... My Constitution has No limits to what building that im allowed to be able to defend myself...Thankfully I never had to prove that fact in court 👍😎🇺🇸🇺🇸🇺🇸

[@murffyslaw001]

I live in Arizona: Constitutional Carry. Moot point here 🤷🏻‍♂️ Waiting for the rest of you to catch up 😉

[@pranc236]

In texas! We just did! 😊.

[@dano8065]

Same here in MO but it doesn’t help that every municipal can have their own laws or “rules”. For example I can open carry in my town and the second I cross into the neighboring town it’s illegal to open carry without a permit. Conceal is ok. Muddies the water making it easy to find yourself in trouble without even knowing it.

[@pranc236]

@@dano8065 thats actually not legal, the state ruling is the only one that matters. At the same time i wouldnt want to be in a court battle with the city either. And i never open carry.

[@stevenmeatsandwich49]

Ohio just passed it!!! Goes into effect in June!!!

[@jeffrichards1537]

I've only shown my gun once. My mother in law yelled slow down to a speeding car on out 1 and a half lane road. Dude slams on brakes gets out cussing. I walked out and asked him what his problem was. After the third dude got out of car running their mouths I pulled up my shirt and showed them my belly band with 9mm and they got back in car and left.

[@Executnr]

You were definitely brandishing, you reacted to an emotional reaction an got out of the car(unless you were in your yard), they taught us this in class, if all three had weapons you getting out of the car would have been the catalyst an you would have been charged an possibly injured along with mother in law.

[@johnnieray2423]

@@Executnr just asking when should he have shown gun after the 3 guys had him on ground or and hit him

[@Executnr]

@@johnnieray2423 first of all his first mistake was getting out of the car for no reason on the freeway to enter confrontation. They tell you in class don't look for trouble. He should have shown gun if they came to his car door.

[@kikupub71]

I understand what you are saying. I think I got the right idea about brandishing dos and don’ts but sometimes it’s helpful to define lawyerese. As much as a LEO and an attorney shop talk can be intimidating as easily as listening to two health professionals leads to misunderstanding but I think Mr Jameson and Kevin clarified what is apropos. Depending on which state or jurisdiction this happens. Thanks

[@akemner4342]

The emotional state of a jury will end up being the bottom line.

[@deebee4575]

And also how good your attorney is versus the state’s case

[@jamesorth1521]

No, the law is the bottom line.

[@skylermcbride9428]

I'm interested in how this applies to road rage incidents. If someone is attempting to run you off the road or engaging in other dangerous/aggressive driving targeting another driver, at what point can a reasonable person at least show a firearm to prevent a life threatening situation.

[@MartyBugg]

Why would you stay engaged to the point that you could show a firearm? That's called escalation. Disengage, evade, escape, deescillate and exit, turn, pull over, get out of the situation. Road rage is typically mutual hothead both unwilling to "back down" or in other words be smart.

[@jeanseixasmilner6680]

when dealing with an aggressive diver such as that brandishing a weapon may escalate the aggression, he/she may use his/her car as a weapon in return. Back off, call *fhp or the state highway patrol report number and report.

[@skylermcbride9428]

If someone is chasing you in their vehicle that's not really your decision at that point. You can try to evade but who knows you might be flipped and dead on the side of the road while they are chasing you like a demon. Of course it's not a first course of action; I'm just wondering the legality of using a firearm in that manner if I'm ever put in that situation because I've had to do it before.

[@PurpleAce227]

Depends on the state really, I had a similar situation happen to me. If it gets bad enough to the point your vehicle is literally being hit as if to be run off the road and crash I could be allowed to use my fire arm in self defense. I live in colorado and literally a state trooper himself told me that when I had asked what my options were in that situation. The best option is to look up your state laws/ city laws to be prepared

[@jeanseixasmilner6680]

@@skylermcbride9428 it's never smart to wave a firearm at another driver as you are driving down a road. It's difficult enough to shoot straight standing on two feet, let alone driving down the road and stupid to let an aggressor know you are armed when they are threatening you with a 3,000 plus pound hunk of steel. Try holding on to a banana when cars collide and tell us how that works.

[@hokeypokeyalso1783]

We have to many laws and lawyers!

[@jtandme-ot9cl]

The joke - Q: What do you call a thousand lawyers at the bottom of the ocean? A: A good start!

[@darthhodges]

The way I think of it is that if you would have been justified in shooting you would have been justified in drawing. HOWEVER a recent incident that made the news reminds me that the act of drawing your gun takes long enough for circumstances to change. A man got in a shouting match outside a store and was pushed to the ground. He drew his gun and shot the other party. In the back. It was all captured on security video and while he was justified in fearing for his life when he decided to draw (still lying on the ground) by the time he had brought his gun to bear the other guy was walking away. We don't know what the other guy intended (he died) but we know that the shooter was not justified in shooting at the time he fired. Circumstances can change quickly and you have to be able to change course just as quickly.

[@markadams7597]

Most in the American judicial system is toddlers....they understand, and often use , the toddler game "for justice"!

[@robertgrosek1124]

Would like you to comment on what to do when facing simple assault. I’m 61 years old and at some point if I’m being assaulted by someone at what point do I “fear for my life or severe bodily injury” even though there is no knife or gun or other deadly weapon

[@USCCAOfficial]

Thanks for the question. I'll add it to the list of topics.

[@avalanchefishing5725]

In other words the cops and legal system want you to walk around and count on them to protect you, if your gun is in the holster concealed or open carry there should be no law broken.

[@bobbybaldeagle702]

I'm cautious about even carrying my gun any more here in the state of Wisconsin. I am with USCCA just incase I would ever have to use my gun. BUT being disabled a senior citizen I don't want to go to jail. I've heard that even if I pull my gun in self defense if I use it or not just having to pull it out in fear of my life with good reason I'm going to jail until they feel I had a good enough reason to of pulled it out. I don't go out very often but to go to the doctor and then I leave my gun at home anyway. I do have it with me all the time here at home because I'm alone most of the time and I don't want to have to get up and go get my gun if I would ever need it. But even then if I have to use it even to defend myself and home there's a very good chance I'll be going to jail until they decide if I had the right to pull my gun at a intruder who came in my home unwelcomed. I guess it comes down to the fact I just don't want to go to jail for defending myself... So is this a healthy concern of mine or am I overthinking it...

[@mackdaddy36]

Disabled or not... know your state's gun laws and YOUR rights as a legal gun owner and have a good gun law attorney... you should be fine.

[@robertsims9201]

better to be judged by 12 than carried by 6. Carry every day...all day.

[@MrJeronlewis]

I live in Massachusetts. I could see them charging someone with this for printing on the wrong day in the wrong place.

[@tomdavis3038]

That’s just because they have to control the massholes

[@MrJeronlewis]

@@tomdavis3038 Lmao! Touche'

[@411Outdoors]

Love this channel! Thank you for your service

[@robertwatson818]

When your life is in danger or the life of another is in danger. Believing you need to shoot--you draw and the aggressor gives up. This is not brandishing.

[@44hawk28]

In the state of Michigan, somebody seeing a firearm on you is not brandishing. That actually falls under the description of open carry. In Michigan you are restricted from being able to normally carrying a concealed weapon from certain places. However, if you carry your firearm exposed while you're carrying your concealed weapons permit. You are perfectly legal to carry the firearm in those places.

[@pappamike6231]

As any attorney Tom answers the question of the day, but never answers the question.

[@BanTheDem]

Love you guys, keep it up and Thank You for everything so far.

[@michallwerle]

Any officer of the law who uses the catch all "disorderly conduct" for an arrest report or reason is a bad officer in my opinion. Shows a disrespect to the citizens he serves and not taking his/her empowered discretion seriously.

[@bobhunt4402]

So if a group of young men surround your wife on a public street and begin describing in explicit language all the sexual things they want to do to her without touching her you'd call the officer who arrests them for disorderly conduct a bad officer? I'd love to hear you explain your position to your wife.

[@michallwerle]

@@bobhunt4402 Not a good example. 1st I would not call law enforcement in your example. That's an issue I would address myself. Those individuals might need to call for help. 2nd, my comment was referring to the use as a catch-all because you can't find a real law an individual broke. Officers are empowered with discretion and if they have to use a catch-all law to arrest someone then they probably exhibited poor discretion in my opinion.

[@deebee4575]

@@bobhunt4402 Terrible example. Depending on where you live that could be considered harassment, menacing or even assault.

[@bobhunt4402]

@@deebee4575 Under most States' laws what I described would be disorderly conduct so I'm afraid you've missed my point entirely. The OP I was replying to made a blanket statement that *any* charge of disorderly conduct is bogus and the officer making such an arrest is a bad officer.

[@bobhunt4402]

So now instead of saying "that's a bad officer" and arrests for disorderly conduct "show(s) a disrespect to the citizens he serves" you're simply saying an officer that enforces an existing law is "probably exhibited poor discretion in my opinion".

[@Just1American1966]

Actually, the most-frequently broken gun law is likely the Federal GFSZ one that prohibits carry or unsecured possession of a firearm within 1,000 feet of the perimeter of any school property. The law provides an exception for anyone licensed to carry a firearm by the state in which the school zone is located. So, an untold number of licensed carriers, when traveling outside their home states, breaks this law whenever they pass within the restricted area around a school zone. To date, I have not heard of any prosecution under this law, but it could certainly be invoked as a reason to hold someone who is being investigated for another purpose.

[@radioboxnews]

I just completely conceal my handgun until needed. We all need body cams.

[@pepelepew8147]

I thought that I was paranoid for thinking that

[@montecraig7032]

Same goes for cops. Don’t draw it or even touch it until you’re sure you’re going to use it.

[@kikupub71]

Thank you Kevin for another spot on video! Y’all be safe. Blessings from Missouri!

[@USCCAOfficial]

Happy to hear you enjoyed the video, Keith!

[@1234superduper]

I like the short to the point videos you make.

[@jaycee30865]

0% increase in certainty in exchange for endless mealy mouthed lawyer talk. Only difference is I still have the $200 in my pocket. It’s like a $200 gift!

[@scottjohnson302]

Question: when firing your weapon it's recommended to not answer police questions until you have a lawyer in place and call the number on the USCCA card for support. What if you pull out your weapon and police are called but no shots are fired. Do you recommend following the same guildelines

[@GRSEMETROMALL]

I don’t know, that question was not answered. It’s my understanding there’s no state in which you are allowed to point a gun at someone at all whatsoever if you’re not in law-enforcement. I mean you can’t point stop or hold someone. And failure for state to have an actual brandishing law, they will use the dictionary definition for brandishing. Black’s Law dictionary. It is my strong suggestion that you be able to not articulate anything to law-enforcement and let your lawyer do it. You should be able to articulate to your lawyer the statutes that allows you to do what you did and the caselaw that supports it. Example, such and such person violated the statute and in response to statute gave me the ability to do this in this case law says that I can do this. I often tell people how you interpret statutes means nothing. They have people who interpret statutes and they’re called the appellate court. If you use the appellate courts reasoning you’re going to become very hard to prosecute.

[@gabegriffin8311]

@@a.a.2601 can you provide a link to the case? I tried searching for it and wasn't able to find anything from 1921

[@canigetachannel]

Statutes and ordinances are non enforcible because of the Constitution. No corpus delicti no crime. Read the Constitution. Shall not be infringed. I am the militia!

[@judgementgaming3270]

Aka, the tldr: blue states bad, red states good, as per usual

to stop a felony being commited in Pa you can

@P N no it is not, learn the laws......

[@douglashebert6285]

The DA has the final say so, doesn't matter what you thought or felt, when acting to protect yourself or others. My state has open carry, but I'm reluctant to carry because of my military service, which a zealous DA would use that against me as a trained kill, instead of a person protecting himself or others who happens to be a former member of the military.

[@geico1975]

I side with myself, the "law" changes but I'll always try to defend myself and loved ones. I'm also willing to be arrested for that:)

[@Philly1958]

Defensive display of a firearm is allowed in AZ.

[@MichaelWilliams-nu6lv]

This is why one must practice to do a quick deployment of the weapon so that you cannot be charged with some crazy violation because actually many Prosecutors don't care if you saved the day for they are mainly Anti - Gunners towards regular citizens anyway 🤔

[@ericschneider8524]

Isn't the States attorney an elected position ?

[@randyhibshman3682]

for any viewers interested in the justification for brandishing in NH, NH RSA 627:4(II)(a) states: A person who responds to a threat which would be considered by a reasonable person as likely to cause serious bodily injury or death to the person or to another by displaying a firearm or other means of self-defense with the intent to warn away the person making the threat shall not have committed a criminal act. The USCCA website incorrectly states that NH does not have a brandishing law, albeit the word “brandishing” is not expressly used in the statute above.

[@opencarry3860]

Depends on the state.

[@gw6496]

And who it is too.

[@johnnyb2799]

These videos are GREATLY APPRECIATED!!!

[@Mike_The_Hog_A_Nator]

I'm in Texas. So for instance, you have a mouthy dude and the armed concealed carry guy (even though they can open carry) pulls his shirt up to Show His Weapon? I thought that would be "Brandishing". However, we have Open Carry here so not sure how that would work in the Laws.

[@jamesgaughenbaugh1040]

You're probably going to be in trouble. Just because he is mouthy is not good reason to show you are armed. It would likely be decided that if you were open carrying he wouldn't ha e been mouthy in the first place. This would probably be on a judge or jury's mind and doom you from the beginning. Now, if the guy verbally threatened you and moved in your direction that's another story. Just my thoughts, I'm not a lawyer.

[@cassiespencer6134]

Unless one is in imminent fear of grave bodily harm or death they should keep their weapon holstered. You can't use a gun in order to get another to reconsider their actions. Doing so can be seen as you being the aggressor.

[@davidjones-vx9ju]

@@cassiespencer6134 you can't make up your own law

[@cassiespencer6134]

​@@davidjones-vx9ju What made you think I did? I'll say it again: One can't draw their weapon and aim at another unless and until an IMMINENT threat of grave bodily harm of death to oneself exists. That is the law anywhere in this country.

[@torche72]

I define "brandishing" as using a gun in a threatening manner, ie pointing a gun, waving one around, "flashing" or unconcealing one, patting your hip or pocket while threatening someone, if open carrying even gripping the gun during an incident, and the old finger in the pocket.

[@flyoverkid55]

As with any use of force, the law generally requires a response that is appropriate to the force being brought by the adversary. It has to be that which another " reasonable " person would consider using in a similar circumstance. Of course, all of this is contingent upon who you are, a young healthy individual won't be given the same consideration that an elderly or handicapped person would get.

[@jamesgaughenbaugh1040]

So, what would be the appropriate response of a 90 pound woman to a 250 pound man she believes to be a threat? Another reasonable person? There's another tricky one. Not all reasonable people would react the same. A reasonable priest would not react the same as a reasonable military veteran nor would a waitresses react the same as a martial artist. Consideration of many factors must be given and sadly is not in many cases. Your example of young verses old is a flawed (at best) mindset too many people have when deciding a case. Being young and healthy doesn't mean a person is capable of defending themselves against an attacker.

[@flyoverkid55]

@@jamesgaughenbaugh1040 I used the young v. elderly as a general example, and it isn't at all flawed. Naturally, the generality doesn't take individual circumstances into account, it wasn't intended to do so. Like it or not, the reasonable person standard has been a legal platform for decades. It also takes into account what another might do, knowing what you know. I wasn't writing a white paper analysis on use of force, just describing a general legal concept.

[@cassiespencer6134]

@@jamesgaughenbaugh1040 An imminent threat of grave bodily harm or death must exist. In short that means if one doesn't employ lethal force in defense of themselves or others they will almost certainly suffer said grave bodily harm or death. However, one can't simply claim such a situation existed; available evidence must support ones claim which is often a tough row to hoe. Recall George Zimmerman. He certainly had reason to believe his life was in imminent danger and therefore he employed lethal force. However, one need consider the legal Hell he went through because of it. Yet had he not done so he'd likely be dead. The point being: should one employ lethal force they may find themselves in the midst of a legal nightmare.

[@rtazz17]

@@cassiespencer6134 he was also outside on the street ,not in his home. Many different variables to consider.

[@cassiespencer6134]

@@rtazz17 That's irrelevant as to whether or not he acted in self-defense, which he did. That said, as a parent, I wouldn't have allowed him to travel to another state in order to guard a business from rioters at age 17, let alone with a rifle. That said, our son is 13 and has been shooting since before he was 10 years old, as did I. Furthermore, he's well versed on the rules of firearms safety (can you recite them?) He also hunts and is a competitive shooter, both of which he became interested in at a young age. Btw, his reaction to Kyle going to WI was: "That was pretty stupid." And I like to think he said that since he's heard me say: 'If you go looking for trouble, it will find you.' And I speak from experience, some of which was not good.

[@michaelf6705]

Ive always understood brandishing to mean, to show it on purpose for means of intimidation. But were always learning.

[@evelynblose9791]

If I live in a state which has open carry can I take my inside the waist band concealed weapon (which i have a permit for) and move it to the outside of my waste band so I send the proper signal to the 4 thugs coming at me and not have been charged with Brandishing?

[@diegotorres1194]

I wouldn't advise it man most likely one of them will have a gun and once they see yours all they'll think is free gun for them

[@finaltouchautodetailingllc]

Great video, thank you making them and sharing the knowledge

[@profoundlyvanilla2708]

everyone says get a weapon light for you gun, No your honor I wasn't brandishing my gun I was just using my flashlight that happen to be attached to my gun!

[@markkostelac9600]

Really appreciate these videos! Thanks for this

[@podsmpsg1]

If you show and/or present your gun in an intimidating or threatening manner, it's brandishing.

[@ThisWhiteGuy]

Not in Arizona. If you are getting into an altercation, to stop it you are allowed to draw your weapon to let the person know you are serious and to help stop the threat... in my personal opinion, if the gun is out, its time to shoot. Make sure to know your laws where you are at. Even if you move. All ex Californians believe brandishing is illegal but don't know what exactly brandishing is.

[@ToddKing]

In a free state you can open carry so a pistol butt peeking out of your shirt is no big deal.

[@omerta1949]

I have had my CCW for the longest time and yes have been stopped and nothing ever happened but what I don't understand, maybe its just my freedom way of thinking. ...Officer: Im going to take your sidearm FOR MY PROTEACTION and YOUR AS WELL" ... I really don't understand that.. just say for MY protection.. Cause I carry for mine and you're stripping me from defending myself. or helping you if you need it. The police should NOT be allow to TAKE a CCW arms unless CCW holder is acting funny, drunk, or something along those lines. Officers need to trust CCW holders.

[@jramseysr1]

Arizona has a defensible display law which means you can display your firearm in defense now you can't point it at somebody unless obviously they're trying to take your life or the lives of someone else unfortunately I use this defensible display once and it worked in de-escalating the situation and the police came and they took my gun unloaded it took statements told the other guy he had no business coming back to my car and he kept screaming brandishing brandishing but in Arizona thank God we have the defensible display law thank you for your videos love them

[@robertnewberg6231]

Open and carry could be considered brandishing your gun in some people's mind. 🤔

[@JR-ld1et]

That's what I'm wondering .with the new law in effect in Texas .how could it brandishing come into effect then

[@duaneelsbree3460]

And that buck mount in your man cave means you are a murderer in "some peoples mind".

[@Executnr]

@@JR-ld1et carrying is not brandishing, at any point you go from a gun being holsterd to in your hand with no reason that is brandishing. A holstered gun is a safe gun, when it enters your hand depending on your experience it could be deadly an dangerous.

[@TheJer1963]

When you must pull your firearm? When the mother in law stays in your home for more than 4 days. I have had mine 36 years now and I have patched a few walls up. I keep missing her for some reason.

[@johnlogan1179]

Lmao 😂 That was a good one, buddy !!!! Thanks for the laugh !