Question regarding brandishing laws.

[K_W]

My father asks:

What are the relevant laws regarding brandishing or when you can justifiably display a firearm in a defensive situation?

 

[daddymikey1975]

indiana does not have a law with regard to brandishing. They do have a law about pointing a firearm at someone. basically, in my opinion, if you draw, it better be because youre going to use it. if the perp stops or backs down befoe he gets ventilated, you're still ok.

I am not a lawyer though, and ymmv.

 

[Mr. Habib]

What he said.

 

[actaeon277]

Might want to look at some of these


https://www.indianagunowners.com/fo...ing-why-some-people-allowed-others-arent.html

https://www.indianagunowners.com/forums/carry-issues-self-defense/365404-brandishing.html

https://www.indianagunowners.com/forums/tactics-training/351808-using-firearm-detain-person.html

https://www.indianagunowners.com/forums/carry-issues-self-defense/342267-brandishing-firearm.html

https://www.indianagunowners.com/fo...ion/316195-i-will-never-oc-again-officer.html

 

[TheSpark]

IANAL

Indiana has no brandishing laws. Technically, if you are legally allowed to carry a handgun in Indiana you could do so by carrying it with your hand . Yes, you could legally walk down the street holding a loaded handgun in your hand. You could even continually go from holster to hand and back to holster as much as you wanted. Granted though you will draw a police response, likely be held at gun point, taken to the ground, cuffed, and spend a good hour of your life waiting in the back of a police car while the officers find out they have nothing to charge you with.

However, just because something is legal does not mean you should do it.

As for "brandishing" in a potential self defense situation things get mucky. Although there is no law against brandishing in Indiana there are laws for pointing the firearm and intimidation. You could get in a sticky situation for either of those. In my opinion if you draw in a scenario like this without the intent (yet) to fire then you are doing so for intimidation reasons. Which, may be okay but you may also have to end up proving you needed to in court.

 

[Paul30]

indiana does not have a law with regard to brandishing. They do have a law about pointing a firearm at someone. basically, in my opinion, if you draw, it better be because youre going to use it. if the perp stops or backs down befoe he gets ventilated, you're still ok

I agree with what you are saying, but when I tell other people I am very careful to use the word "prepared to use it" instead of "going to use it".

I agree with what you are saying, I just don't want to plant the seed in a person learning about carrying for protection that if they pull it they are obligated to fire it. It is a fine line, and I also don't want to scare a person carrying into thinking they are going to be the ones in trouble and cause them to hesitate past the point of being able to defend themselves. I guess if I had to choose on drawing it a bit early, I would rather be charged with pointing a gun at someone than have someone tell everyone at my funeral that I was a great guy who waited a second to long to draw because I was afraid I would be charged with a crime.


It is a bad situation. If you believe you are in danger of great bodily harm or death, then time is probably critical. You can't wait until the last microsecond to draw it and fire it, yet you don't want to draw it way early and be charged with pointing a firearm for intimidation. In my case, of course I am trying to intimidate the person. If they are about to cause great bodily harm or kill me, I want them to be intimidated enough to back down so I don't have to harm them. My reason for shooting someone is not out of anger, hate, or revenge, it's to stop them from harming me. I used one once that way when a bug eyed most likely drug addict pulled a very large knife on my family and myself a few decades ago. He held it so it was evident it went past his elbow, and kept advancing slowly, he was not in his right mind. His thinking cleared up when I drew my Beretta 40 and expressed whatever he had in mind, wasn't going to happen today. He ran off, I left without calling the police because at the time, CCW was not legal where I lived and I did not want to be victimized again by the system.

 

[CathyInBlue]

Under Indiana law, the crime of intimidation is be geared toward preventing a person from performing an act which they are legally within their rights to do. Since no one is legally within their rights to assault, batter, or kill you, intimidation against assault, battery, or murder can never fit the legal definition of the crime of intimidation.

 

[ModernGunner]

^^ Exactly, Cath. ^^

Remember the word "intent", folks. That single word carries a great deal of weight in the legal world.

 

[LP1]

...Remember the word "intent", folks. That single word carries a great deal of weight in the legal world.

And "intent" is clear, unambiguous, and easily proven in court. Heck, you probably won't even need a lawyer.

 

[TheSpark]

Under Indiana law, the crime of intimidation is be geared toward preventing a person from performing an act which they are legally within their rights to do. Since no one is legally within their rights to assault, batter, or kill you, intimidation against assault, battery, or murder can never fit the legal definition of the crime of intimidation.

Yea, but it might become your burden to prove they were going to do something like that. For example, if all they are doing is arguing with you and you feel it is about to escalate and pull your firearm at that point they could argue you just intimidated them from performing their act of free speech. If someone is already in the act of committing some offense against you (like the ones you listed) then yes there is no issue in brandishing.

 

[Tomahawkman]

I learned a lot from this, some very good points were made.
Thank you all.