Brandishing as a deterrent. Michigan case

[EMTDAD]

interesting analysis.. albeit limited

Michigan Gun Owners Case Shows Right to Armed Self-Defense Is Broader Than You Might Think | National Review

 

[Dennis in MA]

How does this relate to my throwing two Jill Biden's into my front door if someone knocks on it in the middle of the night?

Good for the judge.

 

[Palladin]

try this in MA and go to jail

 

[robjax]

even when you are right, in the eyes of the law you are wrong. just looking to continue to push their agenda. Glad they threw out her conviction.

 

[citoriguy]

I do like how the judge made a specific distinction in that not pulling the trigger explicitly means that deadly force was not used. He could have been silent about that, but I'm glad he wasn't.

 

[Yosemite Sam]

Interesting
Maybe used to set precedent for the good guys
Can always hope

 

[Bonesinium]

This is precisely what I’ve argued repeatedly here. Drawing a gun and pointing a gun are different actions done in different circumstances for different reasons and equating them all to actually shooting and having the same legal standard as shooting is asinine.

As the article mentioned, somehow with police, it’s very obvious that a cop having their gun drawn is very different then them actually shooting, yet with a non-cop it’s supposed to be exactly the same??? Ridiculous.

 

[SKumar]

try Talk about this in MA and go to jail

FIFY

 

[snax]

try this in MA and go to jail

Isn't brandishing in MA considered assault with a deadly weapon?

 

[Yosemite Sam]

I believe it’s considered assault with a deadly weapon

I’m sure someone more knowledgeable about Massachusetts law could nail it down

 

[KBCraig]

Isn't brandishing in MA considered assault with a deadly weapon?

Even in NH, you can get jacked up for "Criminal Threatening" (RSA 631:4). Ask Ward Bird about it.

There was also a case years back where a young man was walking alone down a sidewalk at night, and two plainclothes cops were following him quickly. He pulled his pocketknife and held it behind his leg as he turned around to ask what they wanted. They identified themselves, showed badges, and proceeded to pat him down. Even though they didn't even know the knife was there until it became an official Terry stop, he was charged with criminal threatening. It's been a long time, but I think he was convicted, probably through a plea deal.

 

[Matt_SERE]

He has his usual breakdown of what this means to the gun owner as he sees it. Worth a click.

Does Michigan Decision Expand Self-Defense? – Law of Self Defense

Does Michigan Decision Expand Self-Defense?
By Attorney Andrew Branca / August 22, 2019 August 22, 2019
I’m seeing a lot of excitement in the gun community about the decision this week out of the Michigan court of appeals, People v. Siwatu-Salama, excitement along the lines of the decision representing some significant expansion of self-defense rights.

In fact, the decision does nothing of the sort, is no reason to get excited, and if anything does far more to create ambiguity around self-defense than it does to create certainty. To the extent it encourages defensive display of firearms, it also substantially raises the legal risks for well-intentioned defenders.

 

[Matt_SERE]

Isn't brandishing in MA considered assault with a deadly weapon?

There is no "brandishing law" in MA.

 

[Bonesinium]

There is no "brandishing law" in MA.

He didn’t ask if there was a “brandishing” law. And there need not be a law entitled “brandishing” to make the act of doing so illegal. So I’m not sure your point. If you wave or flourish a gun in a threatening manner, which is the definition of brandish, is that legal or illegal?

 

[Matt_SERE]

He didn’t ask if there was a “brandishing” law. And there need not be a law entitled “brandishing” to make the act of doing so illegal. So I’m not sure your point. If you wave or flourish a gun in a threatening manner, which is the definition of brandish, is that legal or illegal?

Ah. You can not be charged with brandishing, it doesn't exist in MA, not the general understanding of the word. To include it being the reason a cop approaches you if he sees your pistol on your belt by chance. I believe Len has put it best and will see if I can find some of his wisdom.

ETA: These threads starting on these pages. It looks like it jumps straight to assault.

Matt

Article on what to do if caught showing...

Brandishing a Firearm with LTC

MA Gun Laws