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Old October 3, 2010, 11:04 AM   #33
Dave85
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Join Date: June 3, 2004
Location: Michigan
Posts: 1,421
Quote:
To clarify this a little, brandishing in MI has to have two aspects: an unholstered gun, and a "menacing" action. So an inadvertently revealed concealed carry gun is not brandishing…
This is a good definition of 'brandishing,' and is generally, I believe, how the current AG sees it. However, there does not appear to be any specific definition laid out in any statute. This leaves it open for interpretation, and the next AG may not be as enlightened. As you point out:
Quote:
…but there are the other two aspects in these situations: 1. the unknowing, probably hysterical citizen that calls in the MWAG call and 2. the overzealous DA who is up for re-election looking to get another gun off the street to add to his commercials
Even with such a competent person in that office, someone charged with brandishing by a local prosecutor so disposed may very well find themselves many thousands of dollars in debt to a lawyer before the charges are rightfully dismissed.
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