Let's talk about "Brandishing"

[DadSmith]

*EDIT I was slow. Our INGO advisors have already beat me to the punch with actual relevant case law.
Likely this would be FINE (though IAANAL). That's just open carry w/o a holster. No requirement listed in IC that your handgun must be holstered.

Though, your other actions with the handgun in your hands could present issues.

At the low ready, pointed in a safe direction while giving verbal commands? No problem.
Pointed at someone w/o cause, or waving around and ranting to yourself? Likely problems.


I think that covers it for us common folk.





Was that before or after he saw your gun?

After i pulled my shirt up to show him he ran.

 

[Kirk Freeman]

Sidebar: You see people waiving guns around all the time in real life? I have never once seen this out in the wild as just a regular citizen.

Yes, absolutely. It is the hallmark of the undisciplined yahoo, a look back into primate past, hooting, hollering and waving sticks. Replace the stick with a gun and it is the same thing.

Just look at, e.g. John Correia's Active Self-Defense you tube channel. Look at the self-defense stories you see on the news. People will run out of gas stations, garages, jewelry stores and wave guns at would be fleeing burglars.

Heck, look at the 20 Years War in Afghanistan. The undisciplined yard apes are always waving guns around, it is what humans do without discipline and structure.

Talk to the cops here. Ask them about the behavior that they see.

Training instills discipline. This is why the gun culture largely (largely) eschews it. It runs contrary to Nature.

 

[Kirk Freeman]

Yelling and waving sticks in the absence of discipline, it happens every day: https://www.youtube.com/watch?v=ZCN6b_ILrIM

I can go on and on, running, jumping howling, chasing, do NOT do this: https://www.youtube.com/watch?v=aIF0sMvXmsU

Want to stay out of jail/prison? Train until discipline becomes automatic, and learn to control your emotions.

Also, remember the wise counsel of the Geto Boyz, real gangsters don't flex guns, 'cause real gangsters always got guns.

 

[maxwelhse]

Yelling and waving sticks in the absence of discipline, it happens every day: https://www.youtube.com/watch?v=ZCN6b_ILrIM

I can go on and on, running, jumping howling, chasing, do NOT do this: https://www.youtube.com/watch?v=aIF0sMvXmsU

Want to stay out of jail/prison? Train until discipline becomes automatic, and learn to control your emotions.

Also, remember the wise counsel of the Geto Boyz, real gangsters don't flex guns, 'cause real gangsters always got guns.

OK... So you see the same stuff on the internet we all do. That's a bit different, at least in my eyes, than "I see this everyday". We're on the same pagethere.

I don't disagree with the advice that you shouldn't act like a jackass. I disagree in that you may have somehow thought I was saying anything different. It's all good.

TLDR of all of this is don't run around being an idiot with a gun. Hopefully that's a pretty unanimous sentiment around here.

 

[Kirk Freeman]

That's a bit different, at least in my eyes, than "I see this everyday".

Giving examples that are accessible to all of INGO. I don't talk about my cases, but,yes, I see in here too.

 

[maxwelhse]

Giving examples that are accessible to all of INGO. I don't talk about my cases, but,yes, I see in here too.

I had neglecting any professional experience you may be bringing to the table, but I do hope people aren't literally waiving guns around in your office.

 

[Kirk Freeman]

I had neglecting any professional experience you may be bringing to the table, but I do hope people aren't literally waiving guns around in your office.

Wave guns in office? Lol, no.

Screech, howl, wave guns around on the street, yes. Makes one understand the importance of close order drill.

 

[Denny347]

Doesn't it depend whether you are in a "peaceful protest" or not?

You mean like in Indy, stopping traffic with drawn guns?

They got warrants.

 

[actaeon277]

They got warrants.

I didn't hear that.
Last I heard was... nothing.

Well, till now.

 

[4x4strongman]

This has actually been an insightful post, not something I had ever really though about myself tbh. Didn't know about the rbandishing vs different levels here. Good info to actually know though

 

[1nderbeard]

If you're going to let someone know you have a gun you had better be prepared to show them the bullets inside it immediately after. Showing off your armament will never diffuse the situation.
Don't intent to start a debate on open carry, but I see no reason to do it in real life ever.

 

[DadSmith]

I've only had 3 occasions in my life that I needed to have a gun on the streets. One was described above the gun never left the holster. Another time I think this guy was out of his head on meth. He came at me with a knife while walking down a sidewalk. I did pull my pistol out at low ready told him to drop the knife. He stopped at around 15 feet away. He then started walking toward me with knife raised. I pointed my pistol at him and told him to stop or I would fire he was approximately 10 feet away. He stood there for what seemed like 10 minutes. He finally decided to take the knife and stick it in the ground. I walked over and pushed it into the ground and pushed it sideways broke the blade. Called the local police. They came ask a bunch of questions. Arrested the guy for disorderly conduct. I followed the case was never called as a witness. They let him off with 6 months house arrest.
The 3rd time I had no weapons but was surrounded by 5 guys 2 had shotguns demanding my wallet. They got it. I was not carrying. That was when i started. So legally was I correct in what I did?

The 2 knife welders was here in Indiana, the 5 with 2 shotguns was in a truck stop parking lot in Nebraska. That was the first time in my life I had to deal with something like that.

 

[COOPADUP]

If you felt that your life was truly in danger, I thought the law would be on your side if you dropped that guy with the knife.
That seems to be the part that must be proven.
That last story was more of a nightmare it appears.

 

[DadSmith]

The nightmare is what got me to carrying everyday and everywhere possible. I'm just glad I didn't have to shoot that guy. I guess he had to process if I would shoot or not. Maybe the drugs or alcohol had him confused.

 

[eldirector]

One of the nice things about Indiana. Pretty neat and tidy code on stuff like this.

Intentionally intimidating and/or threatening people is punishable. Doesn't matter how you do it (gun, knife, sandwich). Acting recklessly, especially when you put other folks at risk, is typically punishable. Again, doesn't really matter how you do it (cars, guns, knives, flamethrowers, ...). Pointing a firearm at a person (loaded or unloaded) is punishable. Of course, and I hope obvious, hurting/killing someone (gun, knife, severe paper cuts) is punishable.

Now, if you are stopping or preventing a violent crime, you have a well documented defense for doing the above. If you AREN'T stopping or preventing a violent crime, well, your defense options aren't so good. Might want to reconsider what you are about to do.

Yeah, yeah. A whole bunch of other things may not be wise. But, OP asked about law. The State is silent on all the things you CAN do, even if some of those things are potentially bad choices.

So, duct tape your Hi-Point to your forehead and strut around like a chicken for all I care. Nothing ILLEGAL, as far as I can tell. But, expect a "health check", because that is just plain weird. I mean, who would OC a Hi-Point?

 

[Kirk Freeman]

So, duct tape your Hi-Point to your forehead and strut around like a chicken for all I care.

1. I told you that in confidence, IN CONFIDENCE.

2. Let's leave my weekends out of this.

 

[maxwelhse]

This has actually been an insightful post, not something I had ever really though about myself tbh. Didn't know about the rbandishing vs different levels here. Good info to actually know though

I don't wanna dig too deeply down this hole again, but keep in mind we're talking about Indiana law. The nice thing about our carry license is that it doesn't specify concealed or conspicuous carry so things like "brandishing" aren't even a thing here. That may not be true in other states where you may have license reciprocity. If you go to a concealed only state and your jacket rides up over your piece, you could be considered to be brandishing.

IANAL and all of that good stuff disclaimer applied.

 

[KLB]

If you're going to let someone know you have a gun you had better be prepared to show them the bullets inside it immediately after. Showing off your armament will never diffuse the situation.
Don't intent to start a debate on open carry, but I see no reason to do it in real life ever.

You don't want to start a debate, but you'll throw you're opinion out there anyway. Go to the Open Carry Argument thread and educate yourself.

 

[1nderbeard]

You don't want to start a debate, but you'll throw you're opinion out there anyway. Go to the Open Carry Argument thread and educate yourself.

Assuming that someone with whom one disagrees is either ill informed or ignorant only shows one's own ignorance.

 

[Frank_N_Stein]

They got warrants.

No, they didn't. I just looked at MyCase for one of them and he was never charged.