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Brandishing a Firearm with LTC

Rapid Fire

Rapid Fire

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Case scenerio,

You are confronted by someone who appoaches your car because he has road rage or just being a jerk. You step out brandish (show ) your concealed weapon and ask him to move on or there could be a problem.

Are you jeoperdizing your LTC or would this be considered self defense, just curious because I have been in this position with more idiots than I care to mention on the Roads. But I have never had my handgun with me. But I could see this happenning if I carried especially when I am on my Harley.
 
no attorney here, but i think you'd be in trouble. If the "scenario" was different and he came up to the vehicle with a weapon (ie. crow bar, hammer, knife, etc...) it would more likely be justifiable. most here would say that your CCW should stay concealed only until you feel that your life has been threatened. That being said i believe NH is looking to pass a law that would allow those that do CC to "brandish" in order to de-escalate a situation as opposed to risking loss of life from engaging a threat.
 
There's no law against 'brandishing'. What you MIGHT be in trouble for is assault, disturbing the peace, etc etc.
 
Rapid Fire said:
Case scenerio,

You are confronted by someone who appoaches your car because he has road rage or just being a jerk. You step out brandish (show ) your concealed weapon and ask him to move on or there could be a problem.

Are you jeoperdizing your LTC or would this be considered self defense, just curious because I have been in this position with more idiots than I care to mention on the Roads. But I have never had my handgun with me. But I could see this happenning if I carried especially when I am on my Harley.
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If he's walking over to you unarmed and you show him a gun and say "get back or there will be a problem" you will almost guarantee yourself an arrest for assault/threatening. You can't threaten to shoot people with no good reason. If you were arrested and charged for that you would most likely lose your LTC. Shooting people who are being jerks would certainly help cleanse the gene pool, but you can't do that in civilized society. Sounds like more of a time for some pepper spray than a gun.
 
EcHo said:
If he's walking over to you unarmed and you show him a gun and say "get back or there will be a problem" you will almost guarantee yourself an arrest. You can't threaten to shoot people with no good reason. If you were arrested and charged for that you would most likely loser your LTC. Shooting people who are being jerks would certainly help cleanse the gene pool, but you can't do that in civilized society. Sounds like more of a time for some pepper spray than a gun.
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Even better - don't get out of your car and drive away. WTF is the point of getting out of your car in this situation? Curb your ego and drive away.
 
I wouldn't recommend do this unless you are in fear of death or serious bodily injury. Those are the reasons for use of deadly force. If someone is being "a jerk" then you are definitely not justified in the use of such force. If the "jerk" wanted to he could file charges against you for assault with a dangerous weapon which would definitely jeopardize you LTC.
 
Bob P said:
Even better - don't get out of your car and drive away. WTF is the point of getting out of your car in this situation? Curb your ego and drive away.
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That is the best solution, but the OP described a situation where he was pulled over and got out of the car as well. If he's already committed to confrontation then a confrontation he will have...
 
i wouldn't go pulling out the pistola EVERY time some idiot gets all puffy chested.... it leads into "warning shots" and "shooting to wound"

IF you feel the need to pull it, it should be when your ready to squeeze the trigger....
 
Rapid Fire said:
Case scenerio,

You are confronted by someone who appoaches your car because he has road rage or just being a jerk. You step out (why would you step out of your car?) brandish (show ) your concealed weapon and ask him to move on or there could be a problem.

Are you jeoperdizing your LTC or would this be considered self defense, just curious because I have been in this position with more idiots than I care to mention on the Roads. But I have never had my handgun with me. But I could see this happenning if I carried especially when I am on my Harley.
Click to expand...

My question is above in red.
 
My personal view on this is aligned with most of the above.

Given the choice; always try to diffuse the situation (which I always have been able to without "brandishing" or even displaying holster)

If (God forbid) in a situation where I believe death or serious bodily will happen without action then I still won't be charged with "brandishing" since it will be a draw and fire scenario. I was always taught; it stays in holster until it needs to come out and fire. I am not an LEO that has the ability to have it drawn and presented in a "it might go bad" scenario.

At home it is another story. I would have it drawn, ready to identify threat and act if needed.
 
I was taught that if you have an exit you must use it. You have an exit (driving away) - end of situation.

added for clarity - home is different
 
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Keep in mind that simply showing the holstered gun can be construed as assault so if you decide to thump chests with a dick, don't be a bigger dick.
 
My feelings exactly. The only brandishing I will do is from concealed holster draw up to "ready to fire" and pulling the trigger. That is also the only "warning" that will be given assuming that all other diplomatic efforts have been exhausted and my life is in imminent danger.
 
Drive away! And that advice becomes even more to the point if you're carrying a gun.
 
I think the OP was asking (at least the way I read it) was if by SHOWING, another words, lift your shirt so the dumbass can SEE that you are armed. Not take it out and wave it around.

Or is that the same thing?
 
Same thing in my book. IANAL but I think that a jury would hear it like this.

Bad guy "see.....I was just coming over to discuss how dangerous it was the he was riding my bumper. Next thing I know, he steps out of the car and opens his jacket to show me his gun. I pissed my pants fearing my life and offered to kiss his ring. He shouldn't be allowed to threaten and scare people with his gun"
 
Kicker96FS said:
I think the OP was asking (at least the way I read it) was if by SHOWING, another words, lift your shirt so the dumbass can SEE that you are armed. Not take it out and wave it around.

Or is that the same thing?
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I would think it's the same thing. it's still an overt threat. Even if charges were never filed you would likely immediately be cast into the "unsuitable" pile and lose your LTC.
 
If you feel that your life is in danger and you have no way to avoid the situation, brandish away. There is less chance of going to jail for pulling your pistol and scaring them away. Don't be so quick to kill a man just because he has met the minimum critera to do so. Note that I said "Your life is in danger, situation unavoidable." I don't see the problem with it legally. If you ill be charged with a crime for doing this, then chances are that you will be charged with murder if you shoot the guy.
 
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BBQ.Uncle said:
Why not just brandish the LTC.
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Forget that, just whip out your sash.

ccwbanner.jpg
 
BBQ.Uncle said:
Why not just brandish the LTC.
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[rofl]

i recall a thread a while back where a guy made a copy of his LTC (or copies) and passed it to a co-worker... maybe his HR manager... [laugh][rofl]

he got canned and charged with something... one the NES Ninja Forum will be along with a link or links to the OP or News Story [cheers]
 
I would not pull over and get out..if they followed you thats another thing..I would just switch to open-carry if i wasn't already and get out...I would not touch the firearm though unless you are ready...
 
I once got run off the road by a truck. It was 1983 or there-abouts and I was merging onto 290 in Worcester from the Burncoat St ramp and the trucker believed I had cut him off. He gunned it and as I was in the process of exiting the highway 2 exits later he whipped in front of my car, virtually pinning me to the guardrail. He then got out of his truck, came to my door and started screaming at me.

I didn't get out of my car. I just watched him and let him scream himself out. When he finished his rant, he looked embarrassed and got back into his truck and left.
 
Stef said:
If you honestly feel your life is in danger, you should be sending rounds downrange, not trying to scare someone away.
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This and only this. The only time you should ever "show" someone your firearms is when you are in fear of bodily harm or death. You should be showing them the business end of your firearm while preparing to shoot. Anything less than this is consider assault with a deadly weapon and you will lose your LTC and face criminal charges in MA. Warning shots, "back off I have a gun", or lifting your shirt to show a gun are just bad choices to make. You either feel you have the ability to use deadly force legally or your don't. There is no inbetween.
 
buketduder said:
I would not pull over and get out..if they followed you thats another thing..I would just switch to open-carry if i wasn't already and get out...I would not touch the firearm though unless you are ready...
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The fact that you "switched" to open carry (if LEO/DA find out) could still end up with you getting charged for assault with a deadly weapon. It's all about intention and in doing this your intention is to intimidate using what is considered a deadly weapon.
 

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