Brandishing a weapon

[Remmah2]

bran·dish (brndsh)
tr.v. bran·dished, bran·dish·ing, bran·dish·es
1. To wave or flourish (a weapon, for example) menacingly.
2. To display ostentatiously. See Synonyms at flourish.
n.
A menacing or defiant wave or flourish.

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Some people consider the accidental sighting of a firearm "brandishing". This is the dictionary definition of the act. If a person is walking down the street with a firearm in their hand, this does not necessarily constitute the act of brandishing. Open carry is also not a "brandish". Waving a firearm in public may also not be "brandishing" (although lame, inconsiderate, and stupid.) Action + intent.

[AtheistCrusader]

1. Some might quibble over 'ostentatiously' but

case law (more important than dictionary definition) clearly holds that a holstered weapon is not brandishing.

(there ARE ways to run into that though, such as gesturing to it as an implied threat, or revealing a holstered weapon as a threat, where it was properly concealed prior).

[Remmah2]

2. Nice!

Case law is always good.

[Iktomiwicasa]

3. There are some here...

..who conflate gun ownership with "brandishing".

[ileus]

4. There are some here....

that claim anyone who owns a gun is a criminal.

[jeepnstein]

10. Anyone we know?

[Kennah]

5. Also depends upon the state laws on the subject

Here in Washington, there is no statute containing the word brandish, but the relevant laws are in RCW 9.41.270 and also parts of RCW 9.41.230.

http://apps.leg.wa.gov/rcw/default.aspx?cite=9.41.270
http://apps.leg.wa.gov/rcw/default.aspx?cite=9.41.230

Open carry, in and of itself, is not a violation of law in Washington if one is at least 21 and not a criminal.

http://opencarry.org/wa.html

[AtheistCrusader]

9. Yep, we also have case law under our belts.

People were 'scared' that a person was walking down the street open carrying, judge ruled simply being armed (I.e. NOT brandishing) didn't amount to a threat and could not be construed as brandishing.

[Euromutt]

11. Well, that does depend on the type of weapon

It's pretty much established that a holstered handgun does not constitute "display<ing> <...> any firearm <...> in a manner, under circumstances, and at a time and place that either manifests an intent to intimidate another or that warrants alarm for the safety of other persons" (per RCW 9.41.270) but jurisprudence (State v. Spencer) currently holds that walking down the street with a rifle slung on your back with a mag locked meets that definition.

[AtheistCrusader]

12. Good to know.

Obviously, that same scenario is not illegal when engaged in outdoor activities, like camping, hiking, etc.

[Katya Mullethov]

6. No mention of thrusting

Neither from the hips , nor down ones pants .

Disappointing .

[gravity556]

7. I never did understand appendix carry.

I carry at 4 o'clock. Not only is it more comfortable than sticking a gun down the front of your pants, it also prevents "pointing your firearm at anything you're not willing to destroy"... ;)

[Kennah]

8. I believe that's specifically for rapiers