Firearm Flashing

[rickwhoo]

While driving in a little traffic one day I cut into the right lane and cut someone off. Nothing serious like getting too close to hitting his car. He flashed a gun at me and it got me a little concerned. He held it in his hand with the barrel pointing up but was clearly threatening to me. What could I do if he actually pointed it at me? I am still shocked that this happened too.

[JaySmith]

It's called brandishing, and it's illegal. It could be construed as a threat which you are allowed to respond with lethal force, but it's shaky ground, and probably not my go-to in that scenario.

[Walleye Hunter]

It's called brandishing, and it's illegal.

Are you sure about that? I've heard conflicting stories on it but don't know, myself.

Pointing it at someone is another story and I think it's called reckless endangerment, maybe something else.

[JaySmith]

iAnal, however I always regarded brandishing as showing of a firearm which was previously concealed such as to send a warning that if you keep messing with them, they may shoot you. It's possibly conspiracy to commit assault with a deadly weapon. If I run at you with a baseball bat, would you not be able to shoot to protect yourself?

Brandishing is defined by Merriam-Webster as to shake or wave (something such as a weapon) menacingly or exhibit in an ostentatious or aggressive manner. In most states, *brandishing* is not a legally defined term.

Actual law is fuzzy though, it seems. If I draw my weapon, I expect my target to shoot back, otherwise I'm probably not drawing. It's a needless elevation, you either draw to shoot, or you keep it concealed in my book.

[W2MC]

A nice summary, from a PA House rep:

http://www.repsonney.com/Display/Sit...2010-26-13.pdf

[JoshIronshaft]

Whenever I have been around someone who is road raging I get away from them. I slow down, make a turn, etc. If someone was doing that and showing me a gun I would be deploying chaff and breaking contact immediately.

What did you do in the situation you found yourself in?

[MARINE DIVISION TWO]

Used to call that MENACING !

[Walleye Hunter]

A nice summary, from a PA House rep:

http://www.repsonney.com/Display/Sit...2010-26-13.pdf

That looks like a nice summary to me. Direct, concise and it appears accurate.

[cdi]

It's called brandishing, and it's illegal. It could be construed as a threat which you are allowed to respond with lethal force, but it's shaky ground, and probably not my go-to in that scenario.

The following was brought to as a PSA by the offices of Jay Smith, Esquire.

[Sgt.K]

iAnal, however I always regarded brandishing as showing of a firearm which was previously concealed such as to send a warning that if you keep messing with them, they may shoot you. It's possibly conspiracy to commit assault with a deadly weapon. If I run at you with a baseball bat, would you not be able to shoot to protect yourself?



Actual law is fuzzy though, it seems. If I draw my weapon, I expect my target to shoot back, otherwise I'm probably not drawing. It's a needless elevation, you either draw to shoot, or you keep it concealed in my book.