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Old July 17th, 2013, 08:01 PM   #65
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Originally Posted by Toncomb View Post
Technically he's right but for the wrong reason. While he stepped out of sight to switch and then made no comment about it,he still brandished it.

Michigan relies on dictionary definitions of brandishing

1. To wave or flourish (a weapon, for example) menacingly.
2. To display ostentatiously.

os·ten·ta·tious [os-ten-tey-shuhs, -tuhn-]
characterized by or given to pretentious or conspicuous show in an attempt to impress others: an ostentatious dresser.
(of actions, manner, qualities exhibited, etc.) intended to attract notice: Lady Bountiful's ostentatious charity.

He switched it to attract notice of the person who made him uncomfortable, therefore it was brandished.

Also wehan I'm using your example, but not trying to ride you on it. I respect the fact that looking back you may have handled it different.
Here is a nice 3 page read for anyone carrying a firearm in Michigan.

Here's the section on brandishing:

Brandishing firearms
MCL 750.234e provides that it is a 90-day misdemeanor for a person to knowingly brandish a firearm in public. Brandishing is not defined in Michigan law and there are no reported Michigan cases that define the term. Attorney General Opinion No. 7101 provides guidance and states, “A person when carrying a handgun in a holster in plain view is not waving or displaying the firearm in a threatening manner. Thus, such conduct does not constitute brandishing a firearm....”
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