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Thread: Brandishing?
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April 17th, 2008, 12:21 AM #1
Brandishing?
Ok, hopefully I spelled "Brandishing" correctly!
I believe "brandishing" a firearm means I am holding it in my hand, is that correct? And is it illegal in PA?
Have heard stories (and they may be just stories) that people have been arrested in PA for wearing a NAA mini-revolver in a belt buckle because they were brandishing a firearm.
I am thoroughly confused (as always). If brandishing a firearm is not legal then technically I have broken the law if I pull my pistol out of its holster in the middle of an altercation or to prevent an altercation, is that correct?
I am NOT trying to start a long debate gentlemen, hell I love visiting this site every evening. I am just trying to understand the law better...
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April 17th, 2008, 12:33 AM #2
Re: Brandishing?
From merriam-websters online dictionary
Main Entry: 1bran·dish
Pronunciation: \ˈbran-dish\
Function: transitive verb
Etymology: Middle English braundisshen, from Anglo-French brandiss-, stem of brandir, from brant, braund sword, of Germanic origin; akin to Old English brand
Date: 14th century
1 : to shake or wave (as a weapon) menacingly
2 : to exhibit in an ostentatious or aggressive manner
#2 is a bit of a grey area if you ask me.Beretta 92fs INOX custom polished
Mossberg 12g pump
Enfield WWII .303
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April 17th, 2008, 12:37 AM #3
Re: Brandishing?
There is no law or charge of "Brandishing" in Pennsylvania, however, if you pull your firearm out without justification, you're going to be guilty of Simple Assault and Terroristic Threats at the least.
If this is a question of whether or not you can be guilty of a crime if someone sees a gun you are carrying (shirt rides up or you're carrying it openly on your belt - like the stories you mentioned), the answer no. Pennsylvania is an Open Carry state, merely having your gun visible is not a crime.
If you pull your gun during an altercation, you better be sure you're justified, otherwise, while you won't be charged with brandishing, the charges I wrote of earlier will apply...and your situation may include charges further beyond those.
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April 17th, 2008, 12:38 AM #4
Re: Brandishing?
There is no brandishing law in Pa. If you pull your pistol at any time, in public, you had better have had a strong legal reason to do so or you will very likely be arrested for terroristic threats, assault, reckless endangerment, and anything else the responding officer can cram onto his incident report.
ETA~ You kill me NineseveN, lol.
"I would rather be exposed to the inconveniences attending too much liberty
than to those attending too small a degree of it."~Thomas Jefferson, 1791
Hobson fundraiser Remember SFN Read before you Open Carry
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April 17th, 2008, 12:38 AM #5
Re: Brandishing?
I am not sure that I have done this link correctly. Suggest you use the search function on this site. Search on the word "brandishing" or how ever it was that you spelled it in your post. In short there is no such law in PA statue.
http://www.pafoa.org/forum/general-2...ng-page-5.html
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April 17th, 2008, 12:50 AM #6
Re: Brandishing?
Thank you folks. From your posts I assume it would be legal to purchase a belt buckle for a NAA mini-revolver and actually wear it?
Guess I am a little ignorant of the facts... My second home is in NC where I believe there are laws against brandishing a firearm.
I CC almost every day, and when I travel to NC I CC. Hey, I'm in and out of Maryland in 3 minutes flat!
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April 17th, 2008, 02:17 AM #7
Re: Brandishing?
No law regarding brandishing in the commonwealth, but I believe it is assault when used in a manner to intimidate.
Dave3%
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April 17th, 2008, 07:24 AM #8
Re: Brandishing?
From your posts I assume it would be legal to purchase a belt buckle for a NAA mini-revolver and actually wear it?
Open carry is legal in Pennsylvania. Of course, if you do so in Philadelphia you'll need an LTCF, but is Philadelphia still Pennsylvania?
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April 17th, 2008, 08:35 AM #9
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April 17th, 2008, 06:31 PM #10In Memoriam
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Re: Brandishing?
Your PA LTCF is reciprocal with NC.
There are a few differences about where you are legally allowed to carry, either open or concealed.
You ARE required to notify LEO if you are carrying, esp while in the car.
Your NAA buckle should be good to go with your LTCF.
mrwildroot
PS: 3 mins? you're speeding...takes at least 6 mins!
;-)Know guns, know peace, know safety. No guns, no peace, no safety.
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