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Please read this, it's a very HOT TOPIC. *update*

Posted by on May. 21, 2011 at 11:18 PM
  • 115 Replies

Okay, so now that you're here I have a serious question that maybe someone can answer and give me some insight.......

If a person has a conceal and carry license for a gun, can that person also brandish the weapon to someone whom s/he thinks may injure him or her? Is it legal?

For instance: A person is driving and all of a sudden s/he is approached by a 'reckless' driver who almost runs you him/her the road. S/he reaches in the console and pulls out his/her weapon and shows it, not pointing it, to the person that is driving irratically. If this person has a license to conceal and carry is this legally aggravated assault?

**Unfortunately he was sentenced to 13 months in prison**

by on May. 21, 2011 at 11:18 PM
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Replies (1-10):
iluv2meow
by on May. 21, 2011 at 11:21 PM

BUMP!

Veni.Vidi.Vici
by on May. 21, 2011 at 11:27 PM

Since you have reached platinum staus I will happily refer to you as The Cat

iluv2meow
by on May. 21, 2011 at 11:27 PM

ITS A MIRACLE!!!!

does figure eight around the legs ;)

Quoting Veni.Vidi.Vici:

Since you have reached platinum staus I will happily refer to you as The Cat


erimar2
by on May. 21, 2011 at 11:36 PM


Quoting Veni.Vidi.Vici:

Okay, so now that you're here I have a serious question that maybe someone can answer and give me some insight.......

If a person has a conceal and carry license for a gun, can that person also brandish the weapon to someone whom s/he thinks may injure him or her? Is it legal?

For instance: A person is driving and all of a sudden s/he is approached by a 'reckless' driver who almost runs you him/her the road. S/he reaches in the console and pulls out his/her weapon and shows it, not pointing it, to the person that is driving irratically. If this person has a license to conceal and carry is this legally aggravated assault?if it's true then why am i even license to carry the gun....I am license to carry my gun but i don't carry it b/c the job i have we can have our guns with us


Only a southern girl can turn "Bless your Heart!" into an insult.

kiss

Veni.Vidi.Vici
by on May. 21, 2011 at 11:39 PM

This is what my neighbor is dealing with. He was found guilty of aggravated assault already. His sentencing is on Thursday. He's a single dad, his wife walked out and left the 2 kids behind. Thank goodness for his parents they are so helpful and supportive, and his ex has yet to pay any child support. Now, he may be going to prison. My gut is in knots.

Right now I'm babysitting because he's at work and all I want to do is go upstairs and cuddle those poor babies.

RissyLee
by Rissy on May. 21, 2011 at 11:42 PM

I always think of assault as an attack on someone.  So.. no.  I don't think that showing someone a gun, or any other object, is assault.  I think that's silly.  Poor guy and poor babies :(

lajoy
by Holly on May. 21, 2011 at 11:46 PM

 You can assault a person without actually hitting them. If it was seen as a threat....he might be in trouble. What was the intention of showing a gun?? Kind of sounds like a threat.

lajoy
by Holly on May. 21, 2011 at 11:49 PM

 

as·sault

   /əˈsɔlt/ Show Spelled[uh-sawlt] Show IPA
-noun
1.
a sudden, violent attack; onslaught: an assault on tradition.
2.
Law . an unlawful physical attack upon another; an attempt or offer to do violence to another, with or without battery, as by holding a stone or club in a threatening manner.
3.
Military . the stage of close combat in an attack.
glitterteaz
by Ruby Member on May. 21, 2011 at 11:53 PM

 I would not think so

 

Keilman1
by Member on May. 22, 2011 at 12:03 AM


Quoting Veni.Vidi.Vici:

This is what my neighbor is dealing with. He was found guilty of aggravated assault already. His sentencing is on Thursday. He's a single dad, his wife walked out and left the 2 kids behind. Thank goodness for his parents they are so helpful and supportive, and his ex has yet to pay any child support. Now, he may be going to prison. My gut is in knots.

Right now I'm babysitting because he's at work and all I want to do is go upstairs and cuddle those poor babies.


First of all, it really just depends on the State laws regarding that issue.  Second, since that's what they charged him with then yes.  From your OP, it really sounds like the driver of the reckless vehicle was just that, reckless.  You said they almost ran him off the road being reckless, but it does sound accidental.  That doesn't sound like the reckless driver was purposely trying to repeatedly run him off the road to harm him.  It doesn't sound like he was in emminent danger, that the person was trying to harm him purposely. 

I'm not saying that he wan't afraid for his life, but if you are going to accept the responsibility of concealed carry, then you also have to know the laws and you also have to know when it is acceptable to show your weapon and when it is not.

My dh is an NRA Certified Firearms instructor and he teaches a basic pistol class and also firearms safelty in and out of the home along with a few other classes. Many states require this class in order to receive a concealed carry permit.   It is so stressed in the classes that you can't just pull your firearm on people because you are afraid.   The FIRST rule that the NRA teaches is to remove yourself from the situation in any way possible.  The second rule is call 911.  Then and only then, if you are in emminent danger after that and your only option is to pull your firearm, then it's the time. That definitely was brandishing, unfortunately.

However, he may be able to plead it down to a misdemeanor if he's not had any other trouble.  He my be able be put on supervision with the courts.  On supervision, if he stays out of trouble for a specified amount of time, then the charge can be removed from his record.  He really needs an attorney though.  I really hope that everything works out for him.  I really hate to see him go to jail for being afraid.  He may even be able to reinstate his permit if it is possible to remove the charge from his record.  Please keep me updated on his status. 

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