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Thread: brandishing?
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June 2nd, 2009, 01:03 AM #1Active Member
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Scranton,
Pennsylvania
(Lackawanna County) - Posts
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brandishing?
In the past month or so I read in the scranton times a story of two guys having a disagreement in a bar they were told to take it outside.They did and one shot the other in the arm or leg can't remember. Then got in his truck and left. A witnesssaw it and followed him while calling police. The guy noticed being followed and waved his gun at the person following him prior to police arrival. When the police got the guy charges were pressed on him for waving yhe gun at the person following and not for shooting the guy at the bar.
I thought there was no brandishing laws here and also am unclear of the laws concerning having a gun in a bar for that matter.
can someone clarify this for me?"No free man shall ever be debarred the use of arms."
"The constitutions of most of our States assert that all power is inherent in the people; that... it is their right and duty to be at all times armed."
Thomas Jefferson
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June 2nd, 2009, 01:12 AM #2
Re: brandishing?
There's a world of difference between brandishing and threatening someone with a gun. Since we have no brandishing law, one can easily challenge and defeat some over zealous prosecution and ignorant cop if you were showing a friend your pistol, or you removed it from your holster to fix your belt or something.
What this guy did was threaten someone, ie made a terrorist threat, and that is what they probably got him on.
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June 2nd, 2009, 01:23 AM #3
Re: brandishing?
There is no brandishing law, but if I'm not mistaken you can be charged with making terroristic threats or possibly assault. There is no law making bars off limits while carrying.
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June 2nd, 2009, 01:24 AM #4
Re: brandishing?
As to the second part, you are allowed to have your gun in a bar, hell, you can even drink till you pass out with your gun if you really want to. There are no laws against either.
But please be responsible and don't drink and carry.I am not a lawyer and nothing I say should be construed as legal advice.
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June 2nd, 2009, 04:15 AM #5Active Member
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Lemoyne,
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Re: brandishing?
I think to law enforcement, they translate waving a gun as making a threat or as they like to call it, brandishing. Even though there is no brandishing law, it seems like all you have to do is expose your gun to scare someone away and it's "making terroristic threats". Pretty lame if you ask me.
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June 2nd, 2009, 01:14 PM #6Active Member
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Scranton,
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Re: brandishing?
thank you all foryour responses. I do remember why I thought this way it was due to the letter I got from the sheriff when I got my LTCF. It contained two ore more statements that are debated here regularly.
1)Overt and unnecessary display of your firearm in public places can cause alarm and adverse reaction by your fellow citizens and create embarrassing situations which could result in the revocation of your permit.
and
8) Alcohol certain medications and any controlled substance should not be indulged in when carrying a firearm. Avoid locations where alcoholic beverages are served when carrying a firearm. Remember even if you are not drinking others are and inhibitions are affected.
I really think that sending out letters like that is a form of oppression in its own right. At a minimum it is misleading. It states later
Common sense would indicate that constant carrying of a conseald firearm in not necessary and you should restrict such activity to those situations that require it.
reading that letter again then typing all this in on the phone here was a pain but I wanted to share those quotes from the Pike county sheriff letter of acceptance for LTCF"No free man shall ever be debarred the use of arms."
"The constitutions of most of our States assert that all power is inherent in the people; that... it is their right and duty to be at all times armed."
Thomas Jefferson
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June 2nd, 2009, 01:27 PM #7
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June 2nd, 2009, 04:44 PM #8
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