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Old July 17th, 2013, 07:12 PM   #61
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You do realize you are wrong, right?
Wave crusher is always right!
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Old July 17th, 2013, 07:28 PM   #62
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You do realize you are wrong, right?
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-]
adjective
1.
characterized by or given to pretentious or conspicuous show in an attempt to impress others: an ostentatious dresser.
2.
(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.
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Old July 17th, 2013, 07:30 PM   #63
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Originally Posted by Toncomb View Post
None of our grandfathers were afraid to take a punch or give one out. Man up god dammit.
that is true, but its also how peoples guns are removed from them.
you cant get in a fight while u carry, thats a bad f'ing idea!
think!

u leave, or you stand your ground. u cant scuffle or fight with your carry piece in your holster. just a bad idea all around.

Last edited by joe_jeep; July 17th, 2013 at 07:35 PM.
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Old July 17th, 2013, 07:41 PM   #64
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desert eagle
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Old July 17th, 2013, 08:01 PM   #65
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Quote:
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-]
adjective
1.
characterized by or given to pretentious or conspicuous show in an attempt to impress others: an ostentatious dresser.
2.
(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.

http://www.michigan.gov/documents/ms...2_336854_7.pdf

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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Old July 17th, 2013, 08:13 PM   #66
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Originally Posted by Kitts View Post
Here is a nice 3 page read for anyone carrying a firearm in Michigan.

http://www.michigan.gov/documents/ms...2_336854_7.pdf

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....”
When he tried to intimidate the person in his face by "displaying the firearm in a threatening manner." He was brandishing.

A guy in your face with a clenched fist is not a life threatening, nor is that causing major bodily harm.
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Old July 17th, 2013, 08:22 PM   #67
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Quote:
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-]
adjective
1.
characterized by or given to pretentious or conspicuous show in an attempt to impress others: an ostentatious dresser.
2.
(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.
Im not saying he was right, but technicly if your open carrying isnt that the point to make people aware that you have it to make criminals think twice before they act?
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Old July 17th, 2013, 08:32 PM   #68
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Im not saying he was right, but technicly if your open carrying isnt that the point to make people aware that you have it to make criminals think twice before they act?
I agree. You just have to be ready to deal with your actions.
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Old July 17th, 2013, 08:36 PM   #69
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Originally Posted by Rebel2345 View Post
When he tried to intimidate the person in his face by "displaying the firearm in a threatening manner." He was brandishing.

A guy in your face with a clenched fist is not a life threatening, nor is that causing major bodily harm.
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.
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Old July 17th, 2013, 08:53 PM   #70
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Quote:
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.
I didn't read correctly what he said before, having uncovered it when the guy couldn't see it. Having it showing is not, no.

If someone was to uncover, in a way to intimidate someone, it could be considered brandishing. You don't have to be touching it.
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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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Old July 17th, 2013, 09:01 PM   #72
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at this rest stop near Ypsilanti,

http://goo.gl/maps/ar1l8

I drove up and looked around as I normally am very contientious of where I am and who is around before I get in and out, I noticed there was one trashy white woman leaning against a car, I figured she was there prostituting her self and I continued in, next to the vending machines was a big buck, I went into the stall and after 30 seconds or so I noticed through the crack in the divider he was standing outside of the stall door,
He coughed a few times and I looked through the crack again and there was a second skinny buck. I buttoned up my pants got back in my wheel chair spun around and peeked through the crack next to the door to see them both standing there looking at the door.

I drug out my device, and set there quietly peeking through the crack at them for what seamed like eternity, after a minute I quietly cocked the hammer back, which is very loud. There was another moment of silence, the two bucks shuffled out of the mens rest room, I waited a couple of minutes peeking out the crack, to see that they were both gone, after a couple of minutes, I went out to the truck, the trashy slut and the two bucks were standing there watching closely. I got in my truck rolled the window down and said you folks have a nice day and drove away.

I am certain that those guys were going to roll me in that rest stop,

Nothing bad occurred, and I like it that way.
Two dumb bucks know the sound of click, click and say it an't worth it.
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Old July 17th, 2013, 09:23 PM   #73
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Carry with one in the chamber?
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Old July 17th, 2013, 09:24 PM   #74
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Carry with one in the chamber?
Duh.
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Old July 17th, 2013, 09:33 PM   #75
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I walk around with a tactical riffle, shotgun, and claymores..

When I get ready for a craigslist deal, I setup the claymores around the truck and have each tactical weapon in each hand...
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Old July 17th, 2013, 09:34 PM   #76
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Had my CPL for a while, carry when I'm not in Canada or Illinois, been concealing my 12ga in my right pant leg so the ladies will think I'm hung.
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Old July 17th, 2013, 09:51 PM   #77
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Duh.
I asked because "click click" in the bathroom stall should toss a round on the tile.
Or plooonk in the toilet.

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Old July 17th, 2013, 09:55 PM   #78
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Had my CPL for a while, carry when I'm not in Canada or Illinois, been concealing my 12ga in my right pant leg so the ladies will think I'm hung.
Lmfao
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Old July 17th, 2013, 09:57 PM   #79
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Putting a water heater in the projects off Connor near city airport today was neat. The heat makes the locals go crazy. I always carry down there.
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Old July 17th, 2013, 10:00 PM   #80
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Lmfao
I'm sexy and I know it
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