Is this brandishing in Mass. ?

Rat187

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A few years ago (pre-911) I was the trained EMT-responder (off duty firefighter) at the scene of a serious automobile accident on RT 1. An elderly woman made a left hand turn and got t-boned. Neither Fire of police were on station, she was lying on the road and in serious shock. There was a bunch of gawkers on the side of the road and I was kneeling on the pavement and bent in order over to ascess if she was breathing. I happened to be in a sport jacket carrying my holstered Sig 220. Now I was aware that some the gawkers might seen my FA...if they felt 'threatened' because of my slightly exposed Sig could that be considered brandishing ?

After that experience I became a bit more cautious about dress and carrying. Well the same thing happened a few months ago in the sales room of a car dealership when I came upon a young women collapsed on the floor in shock and nobody helping. I was carrying when I rendered assist, it was possible that it was seen, with all the gun paranoia, if someone called 911 saying she/he felt threatened would I be subject to arrest ? BTW: I asked in partially jest for another $500 off for the assist...and got it...lol

I believe I read recently that a a CCW carrier in a shopping mart was reported when he/she spotted the tip of a holstered FA, a 'sheeple' called the law on him and I believe he was arrested... Anyone care to comment on this subject....Thanks Rat187
 

Chevy 2 65

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No Fing way is this true not if the person is legal.

I believe I read recently that a a CCW carrier in a shopping mart was reported when he/she spotted the tip of a holstered FA, a 'sheeple' called the law on him and I believe he was arrested... Anyone care to comment on this subject.
 

GPP

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No? Meaning.....it is not brandishing? Or no, you do not care to comment? Sorry not being a smarty-pants. Just wondering myself.

www.sovereignliberty.com


No its not brandishing. Brandishing would be actually assaulting with a dangerous weapon. If you are going about your daily business while carrying, be it in a shoulder rig or tucked in the crotchal region, and someone sees it while you are saving someones life, or buying a dozen eggs, its not breaking any law. There is case law on this already
 

Mr. Brownstone

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WRT the Florida case, what you described would be covered by FL law.


ETA: just re read op last paragraph, thought "FA" said "FL". Late night, apparently need more coffee.

(2), it is unlawful for any person to openly carry on or about his or her person any firearm or electric weapon or device. It is not a violation of this section for a person licensed to carry a concealed firearm as provided in s. 790.06(1), and who is lawfully carrying a firearm in a concealed manner, to briefly and openly display the firearm to the ordinary sight of another person, unless the firearm is intentionally displayed in an angry or threatening manner, not in necessary self-defense.
 
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Chevy 2 65

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No its not brandishing. Brandishing would be actually assaulting with a dangerous weapon. If you are going about your daily business while carrying, be it in a shoulder rig or tucked in the crotchal region, and someone sees it while you are saving someones life, or buying a dozen eggs, its not breaking any law. There is case law on this already
Yep, Don't remember the guys name, but he went to the doctors office etc...
 

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There are always "I heard that my friend's sister's ex's dad got arrested" because someone reported him for printing, but are there any verifiable cases I can look up?
 
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No its not brandishing. Brandishing would be actually assaulting with a dangerous weapon. If you are going about your daily business while carrying, be it in a shoulder rig or tucked in the crotchal region, and someone sees it while you are saving someones life, or buying a dozen eggs, its not breaking any law. There is case law on this already
"crotchal region" awesome! I will now be using that for the rest of today. My wife will be happy about that.

www.sovereignliberty.com
 
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Off topic, but regarding the Simkin case, what was the reason for not granting him reimbursement for legal fees? It seems to me the system dragged him through the wringer for no good reason. Whats the legal threshold for a court deciding whether to reimburse someone for fees if the court ultimately finds they did nothing wrong? (I know in reality, they can do whatever they want, just curious.)
 

JAD

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Yep, Don't remember the guys name, but he went to the doctors office etc...

I believe you are referring to Jay Simkin, a resident of New Hampshire who held an unrestricted Mass LTC-A. He attended a physician's appointment in Mass whereto he carried numerous loaded handguns and knives. He informed the employee that he was carrying and secured the weapons during the exam. An employee of the practice informed local LE afterwards. Following an investigation the local authorities ascertained his identity (Mr. Simkin supplied an alias to the practice). He was not charged but FRB revoked his LTC referencing suitability (related to use of the alias) and for carrying the weapons (the underlying reasoning for his unrestricted license was related to an FFL business which he owned/operated)

Simkin was not criminally charged.

In 2013, the supreme judicial court ordered Simkin's license reinstated by the Suffolk County Superior Court.

http://masscases.com/cases/sjc/466/466mass168.html
 

JAD

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Off topic, but regarding the Simkin case, what was the reason for not granting him reimbursement for legal fees? It seems to me the system dragged him through the wringer for no good reason. Whats the legal threshold for a court deciding whether to reimburse someone for fees if the court ultimately finds they did nothing wrong? (I know in reality, they can do whatever they want, just curious.)

The section Simkin made the motion for attorney fees under is related to fees incurred for defending against insubstantial, frivolous, and bad faith claims. The court did not find specific facts to substantiate that.
 

Goliathan

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The great catch-all for when they want to arrest you but can't think of anything specific to charge you with.

I don't think that unintentionally printing rises to disturbing the peace, though, although I doubt that would stop someone who was determined.
 

drgrant

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A few years ago (pre-911) I was the trained EMT-responder (off duty firefighter) at the scene of a serious automobile accident on RT 1. An elderly woman made a left hand turn and got t-boned. Neither Fire of police were on station, she was lying on the road and in serious shock. There was a bunch of gawkers on the side of the road and I was kneeling on the pavement and bent in order over to ascess if she was breathing. I happened to be in a sport jacket carrying my holstered Sig 220. Now I was aware that some the gawkers might seen my FA...if they felt 'threatened' because of my slightly exposed Sig could that be considered brandishing ?

After that experience I became a bit more cautious about dress and carrying. Well the same thing happened a few months ago in the sales room of a car dealership when I came upon a young women collapsed on the floor in shock and nobody helping. I was carrying when I rendered assist, it was possible that it was seen, with all the gun paranoia, if someone called 911 saying she/he felt threatened would I be subject to arrest ? BTW: I asked in partially jest for another $500 off for the assist...and got it...lol

I believe I read recently that a a CCW carrier in a shopping mart was reported when he/she spotted the tip of a holstered FA, a 'sheeple' called the law on him and I believe he was arrested... Anyone care to comment on this subject....Thanks Rat187

There is no such thing as "brandishing" under MGL. Nor is there any legal requirement to conceal a handgun.

-Mike
 
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Back a few years when I was still part timing my Deputy Sherriff's job I had an appointment at my doctors. Had my service piece in an IWB at 4 o'clock and a oversized flannel shirt. Nurse spotted it and asked why I was carrying a gun. Told her cause a cop was too heavy. When I showed her my creds she understood. When I go now she makes it a point to frisk me. :)
 
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Back a few years when I was still part timing my Deputy Sherriff's job I had an appointment at my doctors. Had my service piece in an IWB at 4 o'clock and a oversized flannel shirt. Nurse spotted it and asked why I was carrying a gun. Told her cause a cop was too heavy. When I showed her my creds she understood. When I go now she makes it a point to frisk me. :)

There it is again, reinforcing that only cops should have firearms even though an individual has the right to do so.
 

MisterHappy

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Jus tgoes to show how much of a D-I-C-K Guida was (is?). He actually argued that because he wasn't conducting business that the guy shouldn't have been carrying?

Never met the guy. That said, he was the lawyer for that side, and he was doing his job.

Now, he's apparently considered a zealous and effective advocate for people on our side.

It's what lawyers do.
 
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