Showing your gun

[jimbar]

I've read the laws for Wa state, and as I understand it, according to part c of subsection 3, I am legal to show, or draw my weapon, without firing, and not be guilty of "brandishing". I certainly hope I'm never in a situation to make this choice, but hope if so, I do not take a life when just the drawing of a weapon will repel the threat.Everyone should be familiar with your states laws,...just in case.


RCW 9.41.270
Weapons apparently capable of producing bodily harm — Unlawful carrying or handling — Penalty — Exceptions.

(1) It shall be unlawful for any person to carry, exhibit, display, or draw any firearm, dagger, sword, knife or other cutting or stabbing instrument, club, or any other weapon apparently capable of producing bodily harm, in a manner, under circumstances, and at a time and place that either manifests an intent to intimidate another or that warrants alarm for the safety of other persons.

(2) Any person violating the provisions of subsection (1) above shall be guilty of a gross misdemeanor. If any person is convicted of a violation of subsection (1) of this section, the person shall lose his or her concealed pistol license, if any. The court shall send notice of the revocation to the department of licensing, and the city, town, or county which issued the license.

(3) Subsection (1) of this section shall not apply to or affect the following:

(a) Any act committed by a person while in his or her place of abode or fixed place of business;

(b) Any person who by virtue of his or her office or public employment is vested by law with a duty to preserve public safety, maintain public order, or to make arrests for offenses, while in the performance of such duty;

(c) Any person acting for the purpose of protecting himself or herself against the use of presently threatened unlawful force by another, or for the purpose of protecting another against the use of such unlawful force by a third person;

(d) Any person making or assisting in making a lawful arrest for the commission of a felony; or

(e) Any person engaged in military activities sponsored by the federal or state governments.
__________________

[wyntrout]

Accidental exposure is NOT "brandishing". All dictionaries define brandishing as waving an object in the air menacingly or threateningly. I think that lifting your shirt to expose your weapon purposefully to influence a situation might be considered brandishing, but it is a PURPOSEFUL exhibition... and intentional.

Wynn

[muggsy]

Dictionary definitions do not always equate to legal definitions. You have to check the laws in the jurisdiction that you're in if you want to be sure.

[U.S. Patriot]

Not calling the police and leaving the scene, will be considered leaving the scene of a crime. Yes, drawing is a felony. Unless there is a threat of bodily injury or death. Unless you want to go to jail, I do not advise it. If I feel like I'm in emanate danger of bodily injury and or death, and I can not retreat. Damn right I'm going to draw.

[CrabbyAzz]

From past experience I have noticed that the cops always work for the person who called them first. I've had this happen twice where a road rager called the cops on me and I ended up in front of a magistrate (with witnesses to back up my story of innocence). Both times the the person who called failed to show up for the hearing. When I tried to file charges against the people in question, the police where completely disinterested. These were two different occasions and different people. So my take would be, call the cops before he does.....

[wyntrout]

If you display your weapon... in any way... to influence a situation, it's the same as drawing the weapon... illegal, unless this was in self defense. This is an intentional display. If you did this because you felt threatened, it was in self defense, but if the other person reports you FIRST, then it could be construed as brandishing, and you would be at fault. This is something you don't do lightly... without thought.

Wynn