It looks like some brandishing laws are going to change

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It looks like some brandishing laws are going to change

Postby AlanM » Thu, 22 Aug 2019 17:18:32

Michigan Court of Appeals Has Reversed the Felony Assault Convictions of a Gun Owner Who Acted in Self-Defense


One year after Siwatu-Salama Ra was convicted of assaulting a woman with a deadly weapon and committing a felony while in possession of a firearm, the Michigan Court of Appeals has reversed her conviction. Both charges stemmed from an incident in which Ra sought to protect herself, her 2-year-old daughter, and her mother from a woman who was threatening to run them down with her car.


What's interesting is the fact that, according to the story, her gun wasn't even loaded.

The court seems to have ruled that just pulling a gun and pointing it to prevent an attack is not a felony offense.


Here's another take on this decision:
A Michigan Court Case Shows the Right of Armed Self-Defense Is Broader Than You Might Think

Yesterday the Michigan Court of Appeals handed down a decision in a highly public and very controversial case that gun owners across the United States should applaud. In short, it demonstrates and validates the value of armed self-defense even when you do not pull the trigger and — crucially — have no cause to pull the trigger. It justifies the brandishing of a gun as pre-emptive measure to block the use of unlawful force.
AlanM
There are no dangerous weapons; there are only dangerous men. - RAH
Four boxes to be used in defense of liberty: soap, ballot, jury, ammo - use in that order.
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Re: It looks like some brandishing laws are going to change

Postby MarcSpaz » Fri, 23 Aug 2019 12:43:37

I have always felt that if you are truly in a dangerous situation that is escalating in violence, that presenting a firearm in preparation for defense is also a good de-escalation method. Law enforcement officers present their weapons on the regular basis to be fully prepared and as a control factor in dangerous encounters. I never understood why it was okay for police, but a felony for a private citizen.

Now, if you're the aggressor in a situation and you are using your weapon to bully or intimidate a victim, that is a different matter.

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Re: It looks like some brandishing laws are going to change

Postby WRW » Fri, 23 Aug 2019 14:06:30

MarcSpaz wrote:I have always felt that if you are truly in a dangerous situation that is escalating in violence, that presenting a firearm in preparation for defense is also a good de-escalation method. Law enforcement officers present their weapons on the regular basis to be fully prepared and as a control factor in dangerous encounters. I never understood why it was okay for police, but a felony for a private citizen.

Now, if you're the aggressor in a situation and you are using your weapon to bully or intimidate a victim, that is a different matter.

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Unless on or around school property, it appears to me to be a misdemeanor in Va. Even so, misdemeanors are costly and could involve jail time.

I have wondered about the "police tactic" and can come to no really good and sound conclusion. Police are permitted aggressive tactics (display of weapon) by their job description. Rightly so. If a civilian uses aggressive tactics(display of weapon), he/she becomes the aggressor and aggression does not fit the narrative of "self defense". If I find myself in such a situation, I hope to be able to have weapon in hand without displaying it while attempting to talk my way out of the situation.

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Re: It looks like some brandishing laws are going to change

Postby WRW » Fri, 23 Aug 2019 22:54:39

No excuse for it. I just forgot to provide a link.

https://law.lis.virginia.gov/vacode/tit ... n18.2-282/

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