Brandishing law - december 2016

[yamaha6611]

I put the date in the title because i wasnt able to find anything recent, (last post i saw was 2010)


simple question: does PA have a brandishing law? if i feel threatened from someone whether or not i see a weapon on them can i remove a firearm from its holster/brandish?


i avoid even the littlest of confrontations but i want to know if i were put in such situation.



thanks


-matt

[AJRB]

I'm def interested to see an answer from someone that knows.
My thinking is no good could come of drawing without the intent to use it in defense.
You could just as easily verbally warn you are armed and they need to keep distance, if you feel threatened in a way other than actually being attacked. A bunch of negative outcomes can be avoided with verbal warnings.

[Inigoes]

To do so when threatened or an enhanced fear is not enough

There are Physical Menace (18 Pa. Con. Stat. § 2701.), and also Assault with a Deadly Weapon (18 Pa. Con. Stat. §§ 302, 2701.) charges you could rack up.

For you to threaten the use of force by drawing your firearm, you better have a genuine fear for your safety (aka fear for your life).

Do not even think of firing a warning shot either, it only wastes ammo. If you fear for your life, then you need to shoot to stop the threat.

IANAL

[Metz]

I am not aware of such law but I personally see no rhyme or reason to brandish. If you are facing deadly threat, that is unavoidable - stop it by all means. If you could stop it by drawing it wasn't likely a deadly threat. If you can retreat and dial 911 - go for it. Although we have SYG doctrine, an ego, slightly hurt by retreat, cost way less, than legal fees.

[free]

Do not want!

If you are feeling threatened enough to draw, but not enough to kill, better to remain holstered and retreat from the situation, IMHO.

[internet troll]

I don't get the all or nothing philosophy. I can envision many situations where the just the presence of a brandished gun could quickly diffuse things before they reach the need for a lethal conclusion.


For example, this real life case where a citizen came out brandishing a gun to help an officer in trouble. Brandishing the gun quickly diffused the situation.

http://www.philly.com/philly/news/lo...html?mobi=true

[free]

I don't get the all or nothing philosophy. I can envision many situations where the just the presence of a brandished gun could quickly diffuse things before they reach the need for a lethal conclusion.

It very well could. It can also result in charges against you that require an expensive defense. How much risk do you want to take on in the process of protecting your ego?

IMHO, smart money is on "back the fuck down" if you have an opportunity to do so while ensuring your safety.

[internet troll]

It very well could. It can also result in charges against you that require an expensive defense. How much risk do you want to take on in the process of protecting your ego?

Not sure how you got protecting your ego from my statement. I dont think the citizen in the real life example I gave was protecting his ego. I think closing your mind to all possibilities is one of the worse things you can do. Are there potential situations where brandishing could be a bad move?...... absolutely. But like everything else it's not as cut and dry as some people like to think.

[Inigoes]

When the word "brandishing" is used, intent comes to mind.

If you show the weapon without the intent of using it, thinking only that will scare someone off. Causes more heartache, than not.

If you draw your firearm with intent to use it, there is nothing stopping you from issuing verbal commands to stop the threat. Just be prepared to go to the next level, if the situation deems it.

Always remember, when the call goes into the police because of an active shooter, the evidence is either in your hand or on your person.

[Hawk]

Keeping it holstered and showing it to a threat without verbally escalating would be the middle ground. Use good judgment.