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Old July 17th, 2013, 09:00 PM   #71
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Originally Posted by Kitts View Post
Though I agree with you that it wasn't a life threatening situation, wearing a firearm on your hip is not displaying in a threatening manner.
Now, if he made verbal threats, pulled the gun out of the holster, or even started pointing at the firearm, I think you would have a case for brandishing. Simply having it on your hip, hoping the situation will defuse itself, is not.
So when your being questioned by the prosecutor and he will ask if your firearm was concealed and you say yes. He then questions what happen next and you say " Things got heated so I went to the other side of the car and uncovered my pistol . I then came back around with the pistol exposed "

That is Brandishing IF the gun was exposed the whole time it wouldn't be.
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