Hi folks

[HMRRSQ1]

Hello all, just a note to say hello. This is my first site to join that involves firearms, though been a faithful owner since I have been a young boy on a farm in the country.
Just signed off with 27 years in the Military. VA is trying to put me on semi disability. Not sure if I want it or not? Heh I have a question about local laws on branishing and how the officers around Roanoke County perceive them. Help!!!

[Moccasin]

Hi, welcome to the forum.

What are your specific questions? Brandishing is illegal throughout the state while open carrying is legal, there is a difference between the two. What exactly are you wanting to know?

[allingeneral]

I can't speak directly for the LEOs in Roanoke county, but brandishing is a fairly defined term:

Brandish:
To display a firearm in a menacing manner

Just don't ever do anything that would draw undue attention to the fact that you're carrying, whether openly or concealed.

Welcome to the forum!

[HMRRSQ1]

Hi, welcome to the forum.

What are your specific questions? Brandishing is illegal throughout the state while open carrying is legal, there is a difference between the two. What exactly are you wanting to know?

Yeah theres a difference between concealed and branishing. What I was gettiing at was how can someone be charged with branishing when your inside your own home?

[HMRRSQ1]

Dont you have the right to protect yourself when being threatened inside your home?

[allingeneral]

Depends what the threat is. I was about to say that generally, you can't be charged with brandishing if you are inside your own home, but then I decided that that probably isn't true.

[HMRRSQ1]

Depends what the threat is. I was about to say that generally, you can't be charged with brandishing if you are inside your own home, but then I decided that that probably isn't true.

Yeah, just trying to understand the laws. and how some officers preceive it differently. I was charged with two witnesses saying that it happened but one lied that it happened outside while the other lied that it happened inside. Chatted with other officers and they was bewildered at me being charged at all.

[OakRidgeStars]

Welcome to VGOF!

[Moccasin]

Depends what the threat is. I was about to say that generally, you can't be charged with brandishing if you are inside your own home, but then I decided that that probably isn't true.

I think it's possible to be in your own home but still brandishing. If you stand inside at a door or window and "display a firearm in a threatening manner" it could be conceived as brandishing. I suspect that in some DV cases one could brandish in their own home. We don't know the specifics of this so it's hard to determine one way or another. Not to mention we aren't lawyers either.

[shulatt]

hello and to VGOF

[zephyp]

[CCFan]

Howdy, and

Here's the Virginia Code about brandishing:

http://law.justia.com/virginia/codes/to ... 2-282.html

VSP explained this to me as follows:

If you are on your property ,you aren't in public (as defined in section 18.2-282) and you can walk out on your front porch or yard and you're not brandishing as defined by law because you are on your own private property. However, the county/town/city where you live also has a right-of-way from the curb or sidewalk that extends on to your property - so not all of your yard is private property, and you would have to find out from your locality how far their right of way extends - so if their right of way extends 10 feet into a yard that's 12 feet deep - I wouldn't want to have to prove I stayed in my two-feet of private space....

[herohog]

Welcome to the Group! Are you a VCDL member yet? Look into them. If you are a gun owner in VA, these guys are your best friend!

[HMRRSQ1]

Thanks guys, appreciate the info and the welcome..

[GS78]

Dont you have the right to protect yourself when being threatened inside your home?

Its my understanding that the reaction to any threat either inside or outside has to be proportionate to the threat. In other words if a guest threatens to pull your hair, you cannot blow his/her brains out.


as far as brandishing is concerned I truely believe in the golden rule; Don't pull out a gun unless you fully intend on using it .

[CCFan]

as far as brandishing is concerned I truely believe in the golden rule; Don't pull out a gun unless you fully intend on using it .

Does this include pistol whipping? doh...

[OakRidgeStars]

Does this include pistol whipping? doh...

I sure hope so

[Bobtail1911]

Nothing like a good pistol to whip with.

Welcome, sorry about your issue with brandishing. But there are many a time that I would love to answer the door brandishing my weapons, but it is amazing how they all leave just hearing the shotgun round being driven home into the chamber. By the time I open the door they are gone.

[zephyp]

but it is amazing how they all leave just hearing the shotgun round being driven home into the chamber. By the time I open the door they are gone.

Great idea!!!! I just bought a new house and will install a rack by the front door.

[CCFan]

Great idea!!!! I just bought a new house and will install a rack by the front door.

And here I thought that's why you bought that new 1911...