Thank you for the information! To clarify, in this situation I would only brandish if I was followed to my car, put myself between my car and them if I couldn't get into it in time, and they were actively trying to attack me once they reached me or if they reached me sooner. I wouldn't just assume someone walking behind me was actively following me to do harm. Escape is always the first plan. In Massachusetts, does a weapon have to displayed in order to justify brandishing a firearm? Or is the active attempt to attack someone justified? I know it's such a fine line and I hope I am never in that situation.
I will be continuing to take classes and I am hoping to find one that covers this area as well.
But I'm happy to hear that it isn't a struggle to apply in Worcester anymore. I'll be sure to let my instructors know that things have changed so that anyone else who asks them has up to date information.
My layman's understanding is that there is no such thing as "brandishing" in MA. In fact, it's known as
Assault with a Deadly Weapon to wit pistol. That is, There are other jurisdictions that describe an activity and give it the legal name of
brandishing. We don't have that here. But make no mistake, pointing a gun at someone, or in any other way, threatening them is a crime -
assault.
We need to start by understanding two things: first, you're never justified in escalating a situation; second, there is no way to use a firearm as less than lethal force. If all uses of a firearm are lethal force, then we can only ever use them to defend ourselves from immediate lethal threats.
Next, we need to remember that in MA (outside the walls of one's home) we have a duty to retreat. This means that if someone is threatening you, or even in the process of attacking you, your first priority must be to escape. If you have any exit available (say, getting in and locking your car) you must take that.
Finally, self-defense is what's called an "affirmative defense." This means that in order for it to apply in court, you must justify your actions to a judge and (most likely) jury.
Putting this all together -
After surviving likely the worst event of your life, you will be arrested. Several months and countless dollars later, you will find yourself in a courtroom in front of dozens of strangers who've never lived this experience - most of them believe that "duty to retreat" is common sense. You must convince them that you had a legitimate fear of "imminent grave bodily harm or death." You will demonstrate that you did everything in your power to prevent, avoid, deescalate, and escape the situation. Then, and only then, did you draw and present your firearm, using the least possible amount of force to stop the threat.
Meanwhile, the state's lawyers will use every trick available to them to discredit your story, this is how they prove they're "tough on crime," "keeping guns off the streets," and "thinking of the children."
Assuming you get a two word verdict, your chief of police will still have broad discretion over whether to let you continue to carry a firearm for your own protection. You will have to answer "yes" every time they ask "Have you ever been arrested or appeared in court as a defendant for any criminal offense?" Then you'll have to relive the entire ordeal as you explain it to them, and prove again that you aren't a bloodthirsty vigilante.
Seriously, welcome to the family, it's not all sad trombones.