Brandishing is it legal?

[Signal23]

http://www.youtube.com/watch?v=zxdBpU-n8Wo

If this happens in Indiana, does the guy (s) get arrested??

 

[mbills2223]

You're going on quite the rampage/rant with this whole brandishing thing...

 

[rotortech]

The Jerusalem Springer show.

 

[Denny347]

Disorderly Conduct

 

[TEK]

[FONT=TimesNewRomanPSMT,Bold][FONT=TimesNewRomanPSMT,Bold]

IC 35-47-4-3
Pointing firearm at another person​

[/FONT][/FONT]

Sec. 3. (a) This section does not apply to a law enforcement
officer who is acting within the scope of the law enforcement
officer's official duties or to a person who is justified in using
reasonable force against another person under:
(1) IC 35-41-3-2; or
(2) IC 35-41-3-3.
(b) A person who knowingly or intentionally points a firearm at
another person commits a Class D felony. However, the offense is a
Class A misdemeanor if the firearm was not loaded.​

[FONT=TimesNewRomanPSMT,Italic][FONT=TimesNewRomanPSMT,Italic]As added by P.L.296-1995, SEC.2.
[/FONT][/FONT]

 

[KG1]

Not for brandishing. There's no such law in IC. He would be arrested for something else. You're looking desperate here.

 

[CathyInBlue]

I saw a butt-load of assault and battery, completely independent of the presence of a firearm.

 

[mbills2223]

Not for brandishing. There's no such law in IC. He would be arrested for something else. You're looking desperate here.

QFT

 

[KG1]

Forget the OP video. Howbout this scenario. Could this guy or anyone else for that matter have been arrested under any IC specifically for "Brandishing" a firearm even if the bartender and other patrons said he was waving it around in the air? (btw..that last part about the bartender etc. didn't happen. It was a hypothetical posed by me.)

I recently concealed carry to a gathering at one of the nicest restaurants in Indy. My group was at the bar and as the night was winding down for our group around 8pm I hugged my friends goodbye and was found out for carrying. My friend wanted to see my Springfield 1911 EMP 9mm. Without thinking it through I unholstered and unloaded the gun before showing it to him at the bar. The bartender noticed and requested I put it away, which I did immediately and left.

 

[phylodog]

Class "C" felony intimidation Indiana Code 35-45-2

 

[Denny347]

Class "C" felony intimidation Indiana Code 35-45-2

Yup, that's a good one.

 

[Signal23]

Not for brandishing. There's no such law in IC. He would be arrested for something else. You're looking desperate here.

"desperate" HA, quite the oposite, I am bored, just filling time.

You haven't coughed up an answer yet tho, if someone was guilty of " brandishing" what IC would it go under.

An I am pretty sure you wont say brandishing is legal in Indiana....RU?

 

[RyanV]

Forget the OP video. Howbout this scenario. Could this guy or anyone else for that matter have been arrested under any IC specifically for "Brandishing" a firearm even if the bartender and other patrons said he was waving it around in the air? (btw..that last part about the bartender etc. didn't happen. It was a hypothetical posed by me.)

I read that thread yesterday, talk about face palm!

 

[Classic]

I think Phylo answered the Q.

Every time I see that FOP badge I think "AWB" endorsed.

 

[Signal23]

I think Phylo answered the Q.

Every time I see that FOP badge I think "AWB" endorsed.

I understand how that is possible

That's not what I see..I have more invested in it as do many others I am sure.
There have been and will be political and other choices they will make, that some will like and some dislike.

 

[HoughMade]

There is not a "brandishing" law in Indiana. I don't know how more clearly it can be said. The crime is point a gun, not simply holding it or showing it.

....btw, your other thread title is misleading- you were not banned for concealed carry.

 

[mbills2223]

There is not a "brandishing" law in Indiana. I don't know how more clearly it can be said. The crime is point a gun, not simply holding it or showing it.

....btw, your other thread title is misleading- you were not banned for concealed carry.

Just give up. He's going to ask you to prove the non-existence of it.

 

[KG1]

"desperate" HA, quite the oposite, I am bored, just filling time.

You haven't coughed up an answer yet tho, if someone was guilty of " brandishing" what IC would it go under.

An I am pretty sure you wont say brandishing is legal in Indiana....RU?

They won't be found specifically guilty of "brandishing" in Indiana because there is no IC for "brandishing"

You just don't get it.

Edit: Your name wouldn't happen to be Ted would it?

 

[HoughMade]

Probably....

....Anyhoo,

While "intimidation" can certainly involve a gun, it takes more than the sight of a gun:

A person who communicates a threat to another person, with the intent:
(1) that the other person engage in conduct against the other person's will;
(2) that the other person be placed in fear of retaliation for a prior lawful act; or
(3) of causing:
(A) a dwelling, a building, or another structure; or
(B) a vehicle;
to be evacuated;...

...then the use of a "deadly weapon" makes it a C felony. While "communication of a threat" can be done without words and with a firearm, you still have to actually be communicating a threat for it to be intimidation. If I, hypothetically....and I don't know where this example came from, unholster my pistol to show it to a friend in a non-threatening manner, I do not commit "Intimidation". Just dumbness.

 

[KG1]

There is not a "brandishing" law in Indiana. I don't know how more clearly it can be said. The crime is point a gun, not simply holding it or showing it.

....btw, your other thread title is misleading- you were not banned for concealed carry.

It wasn't my thread. I used the incident from that thread as an example to pose the question in this thread. Thanks for your input on the brandishing part. That's what I was after.