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Old April 7, 2013, 08:48 PM   #1
WildBill45
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Brandishing or Self Defense?

Some folks who carry are confused over Brandishing versus Self Defense use of deploying your CCW or edged weapon...
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Last edited by WildBill45; April 8, 2013 at 03:49 AM.
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Old April 7, 2013, 10:05 PM   #2
Frank Ettin
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It's important to understand the legal issues.

The usual definition of assault, based on the Common Law is:
Quote:
an intentional act by one person that creates an apprehension in another of an imminent harmful or offensive contact.
In the laws of some States this crime might be given another name. For example, in Alabama it's called "menacing." But by whatever name it is called, it is a crime in every State.

So a display of a firearm, when done for the purposes of intimidation or to secure compliance, is, in all States, an assault of some type. You are effectively putting someone in fear of an imminent harmful or offensive contact, i. e., getting shot.

Now in all States it will be a defense against a charge of assault (or any similar crime) if you establish that your assault satisfied the applicable legal standard for justification.

In most States the standard for justifying a threat of lethal force is the same as for justifying the use of lethal force in self defense. In a few, it's a somewhat lesser standard. So in all States if you threaten lethal force you will need to be able to at least show prima facie such threat was legally justified, that is if you want to avoid a conviction for assault.
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Old April 8, 2013, 03:48 AM   #3
WildBill45
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I took down the video, as I can see the legal issues will start a firestorm of interpretation not worth my time at the moment.
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Old April 8, 2013, 03:50 AM   #4
sourdough44
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It all depends on the situation & specifics. It may be one, may be the other.
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