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Yeah if that were the case, police with a pistol on their hip or anyone open carrying would be brandishing. A bunch of states have permitless open carry. I think you have to have the gun in your hand to be guilty of brandishing, although I'm sure laws vary from state to state.
Ehh, He unconcealed it on purpose. It's still not enough to be brandishing but he was doing it to make a point.
Nope.
In Indiana, this would fall under intimidation. Which is threats to modify or coerce behavior (without justification, I suppose,).
She said it herself in the video. “I feel unsafe… that makes me feel unsafe.” Clearly the gesture (which was hardly needed,) was viewed as threatening.
Depending on the state, brandishing may have more specific meanings, but generally, any attempt to call attention to the weapon (like exposing it on your hip,) is a use of force. More commonly, for example, putting your hand on the weapon.
In ~8 years of reviewing incidents for between 300 and 800 armed security guards; I’ve never seen any sort of “I’m armed!” - including displaying or putting a hand on it (without drawing) ever actually descalate. It was always either going to be drawn, anyhow, or never needed in the first.
It does, however, give the subject time to escalate themselves. So it always makes things worse.
The fact this guy never actually acknowledged that he had made his (presumed) constituents - aka highschool kids - feel unsafe, says either he’s too fucking unaware to carry a firearm, too fucking dumb to be a state legislator, or scaring her was exactly what he wanted.
Probably all three.
No it wouldn't and you know it. You seem intelligent enough to have posted the specific statute that he violated, and you very tellingly left it out. Don't lose your mind just because some asshat Republican showed that he had a gun.
Sorry? I left it out? You replied three times to me tilling me im wrong. You saw the link.
It seems you’re being just as dishonest here as you are accusing me of.
Also… you may wish to read something
Verbally threatening some one is use of force. Threatening with a gesture is use of force. In every state I’m aware of- which is about twenty, specifically- all treat a threat to use a fire arm as the same as using a fire arm
I have always been trained to never (intentionally) expose a concealed fire arm (unless a cop is asking you to.) precisely because the gesture is easily misunderstood as a threat.
But, you’re right, this guy could probably pass it off as debate. He shouldn’t be allowed to, though.
Hey, you can't just post a link to a law and hope that nobody actually looks at it. There's nothing in the Indiana law that you linked to that supports what you claimed.
Threatening requires...an actual threat. Just showing someone a gun is not a threat. I would challenge you to show me a law that says "showing someone a gun is a threat". The laws I looked up said that threatening someone with a gun is a threat.
The police are not a great standard for what should be considered a threat, nor are there any laws out there that say, "it's a threat if a police officer would consider it a threat".
Would pointing a gun at someone be a threat? (Surely yes.) Why? Because it can intimidate someone (by a statement of intent to use force) into doing something they wouldn't otherwise do.
OK, so can the same be said for placing your hand on a gun? What about placing a gun on a table? Surely, again, the answer is yes for both of those. Why? Because purposefully displaying your weapon is displaying your intent (or a warning of possible intent) to use it.
OK, so what's the difference between those and displaying (purposefully to a group of people in opposition to you) your holstered gun? What is the possible intent? Was he just trying to show them a piece of his wardrobe or was their another motive? If the intent was to make them feel uncomfortable (and it did) then explain how it's not a threat?
Threats don't have to be words. Threats can be actions, like holding a knife to someone's throat. If the intent is coercion through an implication of danger, it's a threat. Arguments can be made that this wasn't what happened, but you'd be hard pressed to get anyone like me to see this as anything else. What could the other possible intent be?
Did you see the video of the interaction? He said something along the lines of "I want you to be able to defend yourself", then a student asks "Do you mean by carrying a gun?" and he says, "Yes, I'm carrying right now." If you did watch that video and came away saying it must have been a threat, you're not have a good faith discussion.
I still don't see a reason for it. What he said should be enough, rather than flashing his gun. Also, since it's supposedly for defence, what is he doing flashing it at them. That's somewhat implying 'I'm going to "defend" myself.' The most generous interpretation is he flashed his firearm to make a point, which is still wrong.
The argument is likely not made in good faith to start with. Statistically a firearm doesn't protect you. Frequently it just gets you killed instead, especially if you're flashing it and making yourself a target and threat (there's that word again). It almost certainly was a veiled threat (likely fake, but to make them feel uncomfortable), although it can be more than one thing at once.
It's also likely an appeal to his base, because it's seen as a virtue to carry, and also likely to confront and threaten those in favor of any form of gun control. It's an implicit endorsement to his constituents to do the same thing.
I'm entirely failing to see the "wrong" in demonstrating that he himself carries a weapon when asked about carrying a weapon. There are no doubt plenty of reasons to dislike this guy, but this example is little more than people like you trying really, really hard to make something out of nothing.
And you probably never will.
Do you know the trope of a mob boss placing his gun on his desk? What's wrong with that? It's definitely not a threat, right? (sarcasm)
If he's CC he should want it concealed I would assume. What's the point of flashing it? It's to show the people (who he doesn't like and disagrees with, as well as those other people who hear about his actions later) what he's got. Why? What does it do to further his argument? What does he gain? Consider the reasons why someone would choose to unconceal their firearm. It shouldn't be a fashion piece to just show off.
For any number of reasons, the most obvious and likely of which is that he was simply emphasizing his point about carrying a weapon for self-defense. The least likely and most ridiculous reason, the one you seem stuck on, is that he was threatening a group of kids.
Why don't you spend some time applying some of that critical thinking to why he would threaten a group of kids?
you can communicate a threat to shoot some one without ever having a gun on your possession. (Gran Torino comes to mind, even if that is fiction.) Here's the relevant text of Indiana Code Title 35. Criminal Law and Procedure § 35-45-2-1. :
making threats in general is Class A misdemeanor. there's conditions that can bump it to a class 6, or 5 felony (like, you're threatening to commit a felony- aka to shoot some one.)
it goes on to say:
I've bolded the important bits, and trimmed out a few that were irrelevant or just too wordy and also irrelevant.
care to explain how calling attention to being armed, isn't on some level intended to shock or scare school kids? based on posture and what little context there was, it seems more reasonable to believe he wanted- consciously or otherwise- to scare and pressure these kids. And he used a firearm to do it.
you can use a device to intimidate without ever actually drawing or firing a weapon. on a geopolitical level, the entire premise of MAD is based on that. Simply opening his jacket was "using" in that sense. "I'm armed right now!! [SEE?]" there was absolutely zero reason, as far as legitimate policy arguments go, that flashing that pistol bolstered... and a reasonable belief, by members of this group, that he was indeed threatening them.
I am hard pressed to conceive of a scenario where the situation would be improved by such an announcement where simply drawing it would not also be a greater improvement.
Am I stretching things- a bit- ? probably. Will this guy get off because "i didn't mean it that way?" Absolutely. because he's rich(ish), white, and in a conservative stronghold that likes this sort bullshit. Does it mean he's not guilty? No... Does it mean it's okay to do? absolutely not.