UT: Law would approve showing gun in self-defense.

[GreenStormCloud]

http://www.sltrib.com/news/ci_14281222

Law would approve showing gun
By Erin Alberty

The Salt Lake Tribune

Updated: 01/27/2010 06:48:33 PM MST


Lawmakers are debating legislation that would make sure gun owners can't be prosecuted for showing a weapon to warn someone who is threatening them.

HB78 modifies existing law that bans threatening someone with a dangerous weapon in a fight or quarrel. The proposal would exempt from that prohibition anyone who displays a weapon -- or claims to be carrying one -- as a self-defense measure.

Utah law already protects the use of force in self-defense of the defense of others, but Rep. Stephen Sandstrom, R-Orem, said his bill would protect gun owners in actions short of pointing and firing a weapon. "If you are, by law, allowed to point a gun at someone, that would escalate the situation," he told the House Law Enforcement and Criminal Justice Committee Wednesday, "but if you're just able to display it, it wouldn't escalate it." Sandstrom said he is considering adding language to distinguish the bill from "open carry" protections for gun owners when the committee continues its review Friday.

Salt Lake City attorney and firearms instructor Mitch Vilos said Wednesday the bill "seems to suggest you have to have justification to tell someone you're carrying a firearm or to display a firearm. That's not currently the ."

Brandishing would still be a crime. This bill would cover a self-defense display.

[Ian David]

1. It makes sense, but the lawyers are gonna have fun arguing these. n/t

[TheCowsCameHome]

2. Yeah, that'll work.

Everyone will claim self-defense

:crazy:

[FBaggins]

3. I can't believe it isn't already legal.

How could it be legal to SHOOT someone in self defense but not to warn him that you could do it?

There has to be something about UT law that I'm missing.

[GreenStormCloud]

4. Actually, that is common in several states, including Texas.

In theory, if I pull my gun in self-defense, I am supposed to shoot just as soon as I am on target. The threat doesn't get a chance to surrender, or to run away. If I pull and don't shoot, I have brandished by gun. They idea is to suppress CCW holders from reaching for their guns prematurely. The gun is the absolute last resort and is not to be pulled out to scare someone with.

I can see both sides of the argument. Personally, I am of the "Don't pull it unless you are about to shoot" camp, which means that we leave it alone unless we really have to go for it. The emphasis is on trying to think your way out of a bad situation, until all options fail.

[FBaggins]

5. "Don't pull unless you expect to fire" is a very reasonable rule

I think most training includes something similar.

But to not even be able to say "I have a gun" ???

[ManiacJoe]

6. The problem with showing or warning

is that too many folks do it outside of self-defense (resulting in the crime of brandishing). If you only desire to warn about or show the gun, then you are not in fear of your life, and thus have no need to get lethal weapons involved.

If you are at the point where you need to draw a gun, things are already at the lethal level. During the draw and aiming process, the attacker may have de-escalated enough to where you no longer need to shoot him. However putting the gun back in the holster may not be the best move either in many circumstances.