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I don't see how you can be brandishing a firearm in your holster esp if Virginia law allows you to open carry. In fact in restaurants that serve liquor I usually take my coat off before entering because I am required to open carry in those establishments. So everytime I flip my jacket back or take off my coat to open carry somehow that's brandishment?
I mean if I told someone stand back. Then flip back my coat... that's just open carry. If I open carried to begin with and said step back that can't automatically mean brandishment.
Now if I said stand back or I'll shoot then put my hand on the gun that could be brandishment. If I drew it while yelling at the guy that's definitely brandishment. Then again its up the juries and unless you really shot the dude or drew the gun I doubt most cops would actually arrest you. Any time you use a handgun in legitiamte self defense where you felt fear I would call the police to get your side of the story documented just in case the BG called the cops to mess with you and told them an outlandish story.
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