Have you ever just had to show you're armed?

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  • melensdad

    Grandmaster
    Rating - 94.7%
    18   1   0
    Apr 2, 2008
    24,062
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    Far West Suburban Lowellabama
    Open carrying is one thing, and "brandishing" by that term, may not be illegal in Indiana. I am fairly certain however, that a good prosecutor would make an intimidation charge stick if they really wanted to. Who knows, they may even go for assault. It only escalates to battery if you use it.

    You wrote that "showing" is considered "brandishing" and now you are indicating that it could be charged as intimidation or assault?

    OK. You say so.

    Me, I was threatened by 2 gangsta types. The shiny stainless steel 1911 stopped the threat without having to either bark or bite. I used my gun to stop the threat without firing it, are you seriously saying that I could be charged with battery?
     

    MrYesterday

    Sharpshooter
    Rating - 100%
    16   0   0
    Jan 1, 2012
    622
    16
    Evansville
    Open carrying is one thing, and "brandishing" by that term, may not be illegal in Indiana. I am fairly certain however, that a good prosecutor would make an intimidation charge stick if they really wanted to. Who knows, they may even go for assault. It only escalates to battery if you use it.

    :popcorn:
     

    Mgderf

    Grandmaster
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    43   0   0
    May 30, 2009
    18,103
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    Lafayette
    You wrote that "showing" is considered "brandishing" and now you are indicating that it could be charged as intimidation or assault?

    OK. You say so.

    Me, I was threatened by 2 gangsta types. The shiny stainless steel 1911 stopped the threat without having to either bark or bite. I used my gun to stop the threat without firing it, are you seriously saying that I could be charged with battery?

    Not at all. What I am saying is that if it comes down to "your word against theirs", that you "threatened" someone with a firearm, my guess is you're going to jail, at least for the time being.

    I said that "brandishing" may not be the formal charge, but I'd be willing to bet the results would be the same.

    My point is, if you need to display your firearm, for lack of a better word, you are going to want to be able to prove your side of the story. If not, you're guilty of intimidation, and that IS illegal in Indiana.
     

    melensdad

    Grandmaster
    Rating - 94.7%
    18   1   0
    Apr 2, 2008
    24,062
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    Far West Suburban Lowellabama
    I'd have to say that you are simply wrong.

    When I told the police what happened they said I did the right thing. Congratulated me and sent me on my way with a proverbial pat on the back and an "attaboy".

    Despite your claims about what I would need to 'prove' to them, I was asked to prove nothing.
     

    Mgderf

    Grandmaster
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    43   0   0
    May 30, 2009
    18,103
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    Lafayette
    I'd have to say that you are simply wrong.

    When I told the police what happened they said I did the right thing. Congratulated me and sent me on my way with a proverbial pat on the back and an "attaboy".

    Despite your claims about what I would need to 'prove' to them, I was asked to prove nothing.

    And I just posted that you were likely right, as you were able to prove your side of the story, at least in the eyes of the LEO.

    I posted that "showing your firearm is considered brandishing in Utah. Evidently you missed that part.

    I have been called simple before, and I've even been wrong once or twice.
    If you want to bicker over semantics, I'll just let it go, but I still believe you could open yourself to some sort of legal action if you brandish/present/display under the wrong circumstances.
     
    Rating - 100%
    11   0   0
    Dec 14, 2011
    1,632
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    ECI
    I took the Utah CCW safety course a week or so ago. They told us that in Utah that "showing" your sidearm is considered "brandishing", and is punishable by law. You do NOT need to pull it, only present it.
    Actually, they said Utah is a concealed carry ONLY state, and if you even accidentally let your firearm be seen, you could be arrested and charged with "brandishing".

    I would guess it could be construed to be "brandishing" in Indiana, and I believe that is a crime here as well, unless you can prove self-defense that is.


    Actually in IN only if you point a loaded weapon at someone. Then it is a felony. if you point an unloaded weapon at someone then it is a misdemeanor. if you only pull t from it's holster as a deterrent there is no law against it in IN. However in both cases you could claim self defense if that's why you pulled it. You may or may not be charged.
     

    KG1

    Forgotten Man
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    66   0   0
    Jan 20, 2009
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    And I just posted that you were likely right, as you were able to prove your side of the story, at least in the eyes of the LEO.

    I posted that "showing your firearm is considered brandishing in Utah. Evidently you missed that part.

    I have been called simple before, and I've even been wrong once or twice.
    If you want to bicker over semantics, I'll just let it go, but I still believe you could open yourself to some sort of legal action if you brandish/present/display under the wrong circumstances.
    You do realize this is Indiana and not Utah right?
     

    STEEL CORE

    Master
    Rating - 100%
    92   0   0
    Oct 29, 2008
    4,382
    83
    Fishers
    I posted a while back about in the late 80's during some local civil unrest in the "Hilltop" area of Tacoma Wa, I had stopped my car at a red light, just as the disadvantaged protestors were walking doen the street and just my luck it was looking like Reginald Denny (LA Riots) Part Deaux:(.
    As the disadvantaged surrounded my car (actualy a company car lucky me) and started beating on it with sticks and fists, yelling "Kill all White People", I unzipped my jacket and revealed the Walther PPK/s in my shoulder holster. The crowd either parted like the Red Sea, or the light changed and I un assed the area, but I remember the brothers look on his face as he peered over the hood and said "**** he's got a gun", that I will never forget.:draw:
     

    melensdad

    Grandmaster
    Rating - 94.7%
    18   1   0
    Apr 2, 2008
    24,062
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    Far West Suburban Lowellabama
    I posted that "showing your firearm is considered brandishing in Utah. Evidently you missed that part.

    Let me refresh YOUR MEMORY ON EXACTLY WHAT YOU WROTE :rockwoot:

    First you said:
    I took the Utah CCW safety course a week or so ago. They told us that in Utah that "showing" your sidearm is considered "brandishing", and is punishable by law. You do NOT need to pull it, only present it.
    Actually, they said Utah is a concealed carry ONLY state, and if you even accidentally let your firearm be seen, you could be arrested and charged with "brandishing".

    I would guess it could be construed to be "brandishing" in Indiana, and I believe that is a crime here as well, unless you can prove self-defense that is.
    And then you followed it up later in the thread.

    Open carrying is one thing, and "brandishing" by that term, may not be illegal in Indiana. I am fairly certain however, that a good prosecutor would make an intimidation charge stick if they really wanted to. Who knows, they may even go for assault. It only escalates to battery if you use it.

    So yes, I did catch the part where you said it was illegal in UTAH, but I also caught all the rest of the stuff you said where it was also likely to be illegal in INDIANA and probably a good (bad?) prosecutor could charge me with assault.

    Just keeping the story straight.

    And ONE MORE TIME, when I told the officer what happened, he didn't ask me to PROVE anything! In fact there was no way I could have proved it. :ingo:
     

    pathfinder317

    Sharpshooter
    Rating - 100%
    5   0   0
    Feb 1, 2010
    468
    18
    Franklin In
    Back when I lived in a small apartment , I rented from the owner of the complex who was a family friend , he had his daughter as a manager, once I turned in my 30 day notice to vacate she decided to show the apartment, before I had even moved one single box. She did this with no notice to me, while I was sleeping, I worked nights and she did this at 10am on a weekday, She attempted to open the door even with the chain on, never identified herself, and I approached the door with a winchester defender pointed right at head level with a bunch of yelling I told her to leave , the new tenants left very fast, she tried to argue and eventually left only to return with the police, they gave me no problems, and they informed her as long as my rent was paid and I still had a lease agreement I had every right to defend my residence.
    She insisted she had the right to come in and show the apartment, the police had a hard time convincing her to wait until I had moved out, it was kind of funny to see her tell the police what laws I had violated and what her rights were.
     

    mrortega

    Master
    Rating - 100%
    14   0   0
    Jul 9, 2008
    3,693
    38
    Just west of Evansville
    Back when I lived in a small apartment , I rented from the owner of the complex who was a family friend , he had his daughter as a manager, once I turned in my 30 day notice to vacate she decided to show the apartment, before I had even moved one single box. She did this with no notice to me, while I was sleeping, I worked nights and she did this at 10am on a weekday, She attempted to open the door even with the chain on, never identified herself, and I approached the door with a winchester defender pointed right at head level with a bunch of yelling I told her to leave , the new tenants left very fast, she tried to argue and eventually left only to return with the police, they gave me no problems, and they informed her as long as my rent was paid and I still had a lease agreement I had every right to defend my residence.
    She insisted she had the right to come in and show the apartment, the police had a hard time convincing her to wait until I had moved out, it was kind of funny to see her tell the police what laws I had violated and what her rights were.
    Salute to you "Tropic Lightening."
     

    RspecZX6

    Plinker
    Rating - 0%
    0   0   0
    Feb 27, 2012
    131
    16
    Shelbyville, IN
    Im sorry to necro-post, but please keep the stories coming lol.

    I have to pick I a client up in 30 mins and I am still not ready all due to this thread :D

    edit: Not to worry, I am always on time!
     

    Concerned Citizen

    Sharpshooter
    Rating - 0%
    0   0   0
    Sep 1, 2010
    735
    18
    Brownsburg
    Be darn careful on 'showing' you're weapon. I remember reading a case that was posted by Kirk Freeman Where a man was charged & convicted on a felony intimidation charge for lifting his shirt & showing his gun. Here's the details as I remember them:

    Guy stopped at intersection to get out of his car & give homeless guy some cash. Light turned green & he didn't get back in his vehicle yet. Guy parked behind him honked, first guy flips him off. 2nd guy yells at him to move his car, first guy cusses at him. 2nd guy steps out of his car & starts walking towards first guy. First guy lifts his shirt to show his gun & says "Don't even think about it". 2nd guy gets back in his car & calls it in (turns out the 2nd guy was an off duty LEO).

    First guy was arrested & charged with a felony.

    You better be sure you're life is in danger before you 'show' your weapon in any way.
     

    RabbleRouser

    Sharpshooter
    Rating - 100%
    2   0   0
    Dec 24, 2011
    582
    16
    Mishawaka
    Be darn careful on 'showing' you're weapon. I remember reading a case that was posted by Kirk Freeman Where a man was charged & convicted on a felony intimidation charge for lifting his shirt & showing his gun. Here's the details as I remember them:

    Guy stopped at intersection to get out of his car & give homeless guy some cash. Light turned green & he didn't get back in his vehicle yet. Guy parked behind him honked, first guy flips him off. 2nd guy yells at him to move his car, first guy cusses at him. 2nd guy steps out of his car & starts walking towards first guy. First guy lifts his shirt to show his gun & says "Don't even think about it". 2nd guy gets back in his car & calls it in (turns out the 2nd guy was an off duty LEO).

    First guy was arrested & charged with a felony.

    You better be sure you're life is in danger before you 'show' your weapon in any way.


    sounds like the first guy was acting like a total D-bag anyway
     
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