Retracted

[Guest Nunya]

Nevermind.

Edited May 22, 2013 by bentonbjones

[nightrunner]

Maybe im wrong but wouldnt that be considered brandishing a firearm?

[Mike.357]

sounds like you were trying to intimidate them, no matter what they were up to.

 

A simple no way buddy has always worked for me.

 

Maybe they wanted to buy something?

[Guest Nunya]

...

Edited May 21, 2013 by bentonbjones

[Mike.357]

damn, wish I had quoted

[nightrunner]

X2

But the closest i come to "intimidation" is when im carrying concealed OWB, and im pumping gas outside my comfort zone, i tuck my shirt behind my gun so im OC for the time being. If it wasnt for me having to go to Nashville at times itd never happen but...

[Mike.357]

X2

But the closest i come to "intimidation" is when im carrying concealed OWB, and im pumping gas outside my comfort zone, i tuck my shirt behind my gun so im OC for the time being. If it wasnt for me having to go to Nashville at times itd never happen but...

 

I agree,  there are times if I am carrying IWB I let it show.  No touching but simply show it.

[RichardR]

I am not familiar with "brandishing" as we had no such thing in Indiana, although "pointing" a weapon at someone (without justification) was either a misdemeaner (unloaded) or a felony (loaded).

Could someone point me to the TN statute on brandishing a firearm?

[Oh Shoot]

I am not familiar with "brandishing" as we had no such thing in Indiana, although "pointing" a weapon at someone (without justification) was either a misdemeaner (unloaded) or a felony (loaded).

Could someone point me to the TN statute on brandishing a firearm?

 

"brandishing" is not mentioned in TCA to best of my knowledge.

 

However simple assault without contact is a misdemeanor, but  with a gun involved becomes aggravated assault, a felony. In short, showing a gun as a threat in any way could be determined as aggravated assault.

 

39-13-101 and 39-13-102

 

- OS

Edited May 22, 2013 by Oh Shoot

[Steelharp]

I believe the distinction is, if you have a valid HCP, "brandishing" for you becomes pointing it at them. If you do NOT have a permit, making it visible is brandishing.

 

So it was explained to me.

[Oh Shoot]

I believe the distinction is, if you have a valid HCP, "brandishing" for you becomes pointing it at them. If you do NOT have a permit, making it visible is brandishing.

 

So it was explained to me.

 

I'd say if you were in an witnessed argument and you hiked your shirt to show your heater, that might suffice, HCP or not.

 

"Simple" assault only requires that one "Intentionally or knowingly causes another to reasonably fear imminent bodily injury". Do same with a gun visible and you've got aggravated assault.

 

 

- OS

Edited May 22, 2013 by Oh Shoot

[RichardR]

Gotcha thanks guys.

[nightrunner]

I always thought, if it came out of your holster or pocket while loaded in public, it was brandishing.

[Oh Shoot]

I always thought, if it came out of your holster or pocket while loaded in public, it was brandishing.

 

Again, there is no firearm "brandishing" statute in TN.

 

If not directly threatening someone, would however fit in definitions of disorderly conduct nicely.

 

- OS