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Old May 10, 2009, 11:20 AM   #7
Brian Pfleuger
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Join Date: June 25, 2008
Location: Austin, CO
Posts: 19,578
Producing a weapon with the intent to use it in SD is NOT brandishing.

For instance, you're mugged at knife point, as you draw your gun the BG realizes that your armed and backpedals away and yells "Hey, hey man, it's cool, we're cool. I didn't mean nothin"
What now? Are you supposed to say "Well, I'd rather let you go but, you know, the law says that since I pulled out my gun I have to shoot you.... hold still now, I'll try to make it not hurt too bad."

Think about it. There is no such law. "Brandishing" is when you show or draw your weapon when there is no justification for doing so.

Another example... you pull into a gas station and are beginning to pump your gas. Some dude comes over and starts yelling that you cut him off as he was pulling into the pump. You turn toward him and lift your shirt, exposing your gun, and say "Get over it." THAT is brandishing.
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