This interesting confrontation between anti-abortion protesters and a doctor brings up some questions.
Is it possible for a concealed carry gun owner to show someone that he's carrying without violating the brandishing laws? Is showing someone the weapon as a way of warning him, "don't mess with me" ever permissible? Does the law which allows concealed carry require that the weapon never be seen by anyone but its owner?
What;s your opinion? Please leave a comment.
Brandishing varies greatly state by state.
ReplyDeleteFor example; in Arizona brandishing is an acceptable response to a threat, but in my home state I might as well shoot a bad guy anyway because I could face harsher penalties for pulling out a gun and scaring him away.
Wow... if anybody thinks the anti/pro gun arguments were crazy, reading the comments in that piece will completely redefine their perspective.
ReplyDeleteMakes about as much sense as the political cartoon I've linked for today.
Realized an omission of what was meant to be said:
ReplyDeleteBrandishing laws vary, but you asked for my opinion.
Display of force without use of force is posturing. Countries do this with military parades, primates beat their chests or run around swinging branches and yelling, people do this by talking smack, yelling at halitosis distance, rolling up a magazine or millwall brick, taking a stereotypical martial arts stance, etc.
Posturing should be avoided for two reasons (besides illegality)--it provides an opportunity for escalation and lays the poser's cards out on display to the opponent.
Posturing with a deadly weapon is a whole different ballgame, this validates an immediate deadly response. Your fabled lunge with a knife fits here.
Open carry is not posturing, since it doesn't involve a confrontation.
So what about our doctor?
In states I'm familiar with, if his weapon was holstered, he falls into 'legal' but I wouldn't call it advisable. Advisable posturing would be to hold out his cell phone and (claim or actually, if it has the capability) videotape as he walks to his office. If his movement or the property is blocked by loud muscular primates who may be swinging signs attached to sharpened sticks, he can call the police and have the protesters arrested.
If the police are all Catholic or whatnot and refuse to respond, call the Feds and belt up the holster.
If he points a gun at a 15-year old holding a sign by the sidewalk, I won't shed a tear when a cop or bystander with a CCW responds as they are trained.
"Is it possible for a concealed carry gun owner to show someone that he's carrying without violating the brandishing laws?"
ReplyDeleteIt generally depends upon the state laws concerning brandishing, but merely sweeping your cover garment back to expose the still holstered weapon would be more advisable (if one is going to go that route at all) than pulling the weapon out.
"Is showing someone the weapon as a way of warning him, "don't mess with me" ever permissible?"
Yes.
"Does the law which allows concealed carry require that the weapon never be seen by anyone but its owner?"
It would depend upon the state law. In states where open carry is legal, simply transitioning from concealed carry to legal open carry is easily accomplished by removing the cover garment. Doing so during an encounter such as this would have been legal. Pulling the gun out, as the doctor did, would not.
Posturing is what gunloonery is all about.
ReplyDeleteThere are certain people who need to conceal carry--certainly, law enforcement, some politicos, and folks like this doctor, whose field attracts nuts, zealots, and the violent.
That said, the doctor showed exceedingly poor judgment.
Anon, even sweeping back a cover garment may be illegal depending on state. In Texas (of all places) you are not allowed to open carry and that still may get you in trouble!
ReplyDeleteTrue, Kevin H. That is why I prefaced it with:
ReplyDelete"It would depend upon the state law. In states where open carry is legal..."
Texas and Florida are two great examples where this would be completely illegal.
Wow Jade, I am glad to see you acknowledging some need to carry. How about the person who simply lives in a bad neighborhood, and carries a risk every time they walk home from the bus stop? Like people who live in DC, Baltimore, or New Orleans (since you also prefer NOLA as a example)? Or are these common people not ubermench enough to carry like doctors, politicos, and celebrities?
ReplyDelete"Posturing is what it's all about." I wish I'd said that.
ReplyDelete