Author Topic: Brandishing A Pistol  (Read 1584 times)

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Ranger

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Brandishing A Pistol
« on: May 01, 2010, 04:32:52 PM »
We all know that "brandishing" a pistol in public is against the law and against what we want to accomplish. But, what do you do when you don't have a CPL? The pistol must stay in the trunk locked away and not within easy access. So, you are wearing your holster, or your gun belt and you get to where you are going. You walk to the back of the car, open the trunk, retrieve your weapon, check it and place it in your holster! Right?

Was that considered to be "brandishing"? What would someone in the parking lot think seeing you reach into the trunk of your car, pull out a gun, check it out and place it into a holster? Would they call that act "brandishing"? Is that the way they would describe it to the police when they call?

Would a MWAG call sound like this?
Police: Was the man with a gun waving the gun around?
Caller: Well, it was out in plain sight! He sure wasn't try to hide it! It seemed to me that he meant for everyone to see it.
What do you think?
Always engage your brain before you pull your gun...a quick wit is the best safety device for any gun! If you can't control your tongue, your temper or your tendency to act like a fool, you have no business carrying a gun! The rest of us will scout Boot Hill for your final resting place.

eye95

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Re: Brandishing A Pistol
« Reply #1 on: May 01, 2010, 04:44:33 PM »
I can't find "brandishing" in the AL Code.  Unless it is in the criminal code, and I just haven't found it, then the handling of the unholstered  pistol would only be a crime if you were doing something else illegal, such as pointing it at someone (assault), making verbal threats while holding it (also assault), firing it where prohibited, etc.

By loading and holstering the gun in public, you increase the risk of a PWAG call, but that action in and of itself should not be illegal.

This does raise a question.  If you do not have a permit, is there a legal way to transport the gun in your car?  I don't know of one.
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Dianosis

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Re: Brandishing A Pistol
« Reply #2 on: May 01, 2010, 04:51:34 PM »
I read somewhere you were allowed to transport it if you just bought it from a place of purchase to home OR to a repair shop without a permit. Seems like it had to be in the glovebox or the trunk. 
"Every man is a spark in the darkness. by the time he is noticed he is gone forever. A retinal after-image that fades and is obscured by newer, brighter lights."

Dianosis

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Re: Brandishing A Pistol
« Reply #3 on: May 01, 2010, 04:55:11 PM »
Ok found it, it says secure wrapper, nothing about glovebox or trunks, sorry. Does say it has to be unloaded:

13A-11-74. License to carry pistol in vehicle or concealed on person --
Exceptions.
The provisions of Section 13A-11-73 shall not apply to marshals, sheriffs, prison and jail
wardens and their regularly employed deputies, policemen and other law enforcement
officers of any state or political subdivision thereof, or to the members of the army, navy
or marine corps of the United States or of the national guard, or to the members of the
national guard organized reserves or state guard organizations when on duty or going to
or from duty, or to the regularly enrolled members of any organization duly authorized to
purchase or receive such weapons from the United States or from this state; provided,
that such members are at or are going to or from their places of assembly or target
practices, or to officers or employees of the United States duly authorized to carry a
pistol, or to any person engaged in manufacturing, repairing or dealing in pistols, or the
agent or representative of such person possessing, using, or carrying a pistol in the usual
or ordinary course of such business, or to any common carrier, except taxicabs, licensed
as a common carrier, or to any person permitted by law to possess a pistol while carrying
it unloaded in a secure wrapper, from the place of purchase to his home or place of
business, or to or from a place of repair or in moving from one place of abode or business
to another.
"Every man is a spark in the darkness. by the time he is noticed he is gone forever. A retinal after-image that fades and is obscured by newer, brighter lights."

eye95

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Re: Brandishing A Pistol
« Reply #4 on: May 01, 2010, 04:58:53 PM »
I knew about those exceptions.  I was asking about transporting by car so that you could OC away from home.  As far as I can tell, that is illegal.

This, of course, is why considering carry in a car as being CC is moronic.
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Ranger

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Re: Brandishing A Pistol
« Reply #5 on: May 01, 2010, 06:40:08 PM »
What we need is to find a 2A lawyer that lives and works in or around Montgomery so we can get some of these stupid laws changed or taken off the books.
Always engage your brain before you pull your gun...a quick wit is the best safety device for any gun! If you can't control your tongue, your temper or your tendency to act like a fool, you have no business carrying a gun! The rest of us will scout Boot Hill for your final resting place.

Mystic Lemur

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Re: Brandishing A Pistol
« Reply #6 on: May 02, 2010, 12:24:54 AM »
I would just transport it in accordance with 18 USC Section 926a. If I were charged anyway, I would argue that by following the wording "...shall be entitled to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm if, during such transportation..." I was making a good faith effort to follow safe and legal storage practices. Would it be a pain to unlock, load, and holster a firearm every place you went? Sure. Just another reason to get 'vehicle' removed from the concealed language.

eye95

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Re: Brandishing A Pistol
« Reply #7 on: May 02, 2010, 06:03:56 AM »
Unfortunately, the heading of the law describes it as interstate transportation of firearms.  Your defense might work if you make sure you cross into another State sometime during the trip.
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Ranger

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Re: Brandishing A Pistol
« Reply #8 on: May 02, 2010, 08:14:48 PM »
Unfortunately, the heading of the law describes it as interstate transportation of firearms.  Your defense might work if you make sure you cross into another State sometime during the trip.

Maybe if we just tell the LEO that if we follow the rules for interstate transportation of a firearm, that should be good enough for intrastate transportation. Think it will hold water?  :D
Always engage your brain before you pull your gun...a quick wit is the best safety device for any gun! If you can't control your tongue, your temper or your tendency to act like a fool, you have no business carrying a gun! The rest of us will scout Boot Hill for your final resting place.

eye95

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Re: Brandishing A Pistol
« Reply #9 on: May 02, 2010, 08:18:14 PM »
Unfortunately, the heading of the law describes it as interstate transportation of firearms.  Your defense might work if you make sure you cross into another State sometime during the trip.

Maybe if we just tell the LEO that if we follow the rules for interstate transportation of a firearm, that should be good enough for intrastate transportation. Think it will hold water?  :D

Only if the LEO wants it to.
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Mystic Lemur

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Re: Brandishing A Pistol
« Reply #10 on: May 02, 2010, 10:50:18 PM »
Only if the LEO wants it to.
My what-if assumes I was charged.
If I have my firearm unloaded and locked in a trunk or bed box, and I give him no consent or probable cause to search my vehicle, how would he see my transported firearm or have RAS that I may not have a CCP? I'm more worried about the brandishing charge that might go along with stowing it or getting it out to carry. I'm not advocating breaking the law, I'm just pointing out that someone who is making a good faith effort to follow the law shouldn't have to worry about arbitrary harassment from LEOs or John Q. Public.

Back on topic, brandishing- 1 : to shake or wave (as a weapon) menacingly 2 : to exhibit in an ostentatious or aggressive manner. ostentatious- : marked by or fond of conspicuous or vainglorious and sometimes pretentious display. vainglorious- :boastful

As long as you aren't waving it around pointing it at people and singing "I've got a gun, I've got a gun. I've got a gun, hey hey hey hey!" you should be alright.

 


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