Brandishing?

[Grayfox54]

On another forum I visit there's a discussion going on about brandishing. I don't believe I've ever actually heard Tennessee's definition of the term. Exactly what is considered brandishing and what are the penalties? 

For example: You're being approached by someone in a threatening manner. No weapon visible yet, but you genuinely feel threatened. You open your shirt to reveal your CCW and hopefully deter any attack. Legal or not? 

[RED333]

Good topic, will be watching close.

I do not have an answer, but my thoughts are, If you feel threatened, back away as far as you can. Then there is the 21 foot rule.

[peejman]

8 hours ago, Grayfox54 said:

On another forum I visit there's a discussion going on about brandishing. I don't believe I've ever actually heard Tennessee's definition of the term. Exactly what is considered brandishing and what are the penalties? 

For example: You're being approached by someone in a threatening manner. No weapon visible yet, but you genuinely feel threatened. You open your shirt to reveal your CCW and hopefully deter any attack. Legal or not? 

Given that open carry is legal here, I don't see that as brandishing.  But I'm not a lawyer. 

[BHunted]

People are looking to push buttons. Unless you are like those lawyers that came outside with an AR and his wife alongside him holding a handgun like a limp dick, you're prob ok. 

With open carry, people, because of all the anti-gun propaganda and woosies from non-carry state, there may be some problems. I know around here most people can care less. Even the cops really don't care.
Closest thing I can think of as brandishing would be lifting up your shirt to purposely to expose it OR if you wear it exposed, (3 sides visible, open  carry, etc.), pulling a Barney Fife and resting your hand on the grip. Otherwise, it depends on the situation... IMHO of course.

 

[crc4]

Attorney Andrew Branca on 'The Law of Self-Defense' just released a video on this topic. Well-worth watching.

Does Displaying a Gun Equate to Deadly Force?

[Sleep profit]

TN has no brandishing Law on the books it’s a term that means The unnecessary display of a firearm in a threatening manner to cause fear of deadly force ever situation will be different and will be the officers decision when he has gathered all the statements.The  district attorney can admin charges if not correct Can include aggravated assault. Assault with a deadly weapon or reckless endangerment  depending on circumstances All felony offenses    you can use your weapon to defend yourself and others but not to just threaten or scare 

Edited June 13, 2023 by Sleep profit

[CMDRStormBorn]

Amazing stuff to ponder.  Some of my pistols are so big that they basically require thigh holsters.  While I like them and only wear them on my property, I would very much like to have them when riding my Can Am.  I haven’t of course but have been curious as to legality of “3 sides visible/open-carry” when on a bike.  I have this great leather Deadpool motorcycle outfit too.  Things that would go great together & maybe get me introduced to everyone on patrol…-The wrong way. Dang it.

[gregintenn]

I think it mostly depends on the judge/jury you happen to be facing.

It would also depend on what cop showed up to respond to a brandishing call.

Edited June 14, 2023 by gregintenn

[chances R]

According to Branca, the intentional display of a weapon to modify someone's behavior could be classified as aggravated assault.  Essentially, presenting one's firearm should met all criteria necessary to shoot someone to prevent serious bodily injury and/or death.  The mere presentation could result in a felony charge of aggravated assault.  Simple defense of this charge can cost thousands of dollars and at worse several years in jail.

[crc4]

38 minutes ago, chances R said:

According to Branca, the intentional display of a weapon to modify someone's behavior could be classified as aggravated assault.  Essentially, presenting one's firearm should met all criteria necessary to shoot someone to prevent serious bodily injury and/or death.  The mere presentation could result in a felony charge of aggravated assault.  Simple defense of this charge can cost thousands of dollars and at worse several years in jail.

You, sir, have it correct. That's not to say a cop or prosecutor might view it as "not an aggravated assault" and not prosecute, but presenting or displaying a firearm could always be viewed as an aggravated assault.

Before presenting a firearm for self-defense, it needs to meet the same 5 elements of a self-defense action or you could find yourself charged with a serious felony resulting in 20 years in prison.