I was reading a thread on opencarry.org about brandishing a

Discussion in 'GA Laws and Politics' started by jason1, Feb 5, 2007.

  1. jason1

    jason1 New Member

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    So I was reading this thread on brandishing a firearm and it got me thinking about Georgia law on this subject.What is Georgia law on brandishing?Say if I was doing CCW under my shirt then I tucked my shirt in, going from CCW too OCing could it be called breadishing.What I'm getting is that even if you look at your weapon and look at someone ten feet from you it might could be called brandishing.I thought if you pulled your weapon out of your holster then that is breadishing.Here is what I'm reading http://opencarry.mywowbb.com/forum54/1354.html .I hope someone will help me on this.
     
  2. Macktee

    Macktee New Member

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    Excellent thread and something for us all to consider. Thanks for the posting Jason1.

    I don't think that guy ever did understand how stupidly he acted. He's an idiot. Even worse, an idiot with a gun!

    He was really lucky the cops didn't arrest him and put his ass in jail for the night, which would have cost him his CCW permit.

    One of the other posters at that site summed it up thusly:


    "This is not legal advice, just practical: you urgently need some additional training in the justifiable use of force for self-defence, in the state where you live.

    The fact that:

    1. you kept "asking" these girls to leave a public venue, simply because you were having an argument with them (regardless of who started it)
    2. it apparently never occured to you to defuse things by simply leaving
    3. you think "your buddy" on the other end of a cell call would be of more usefulness than a police officer on the scene
    4. you don't understand the seriousness of introducing of a firearm into a situation that (according to your description) was merely a verbal argument
    5. apparently don't know what "brandishing" means in state law

    all point to the same conclusion--legally, conceptually, and factually, you are quite unprepared for the ramifications of carrying a firearm. I'd get some training to fill these gaps asap, if I were you."
     

  3. gunsmoker

    gunsmoker Lawyer and Gun Activist

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    Georgia Criminal Code

    As far as I know, there is no "brandishing" law in Georgia. We have assault (misdemeanor) and aggravated assault (felony, up to 20 years).
    If you do an act that reasonably places another person in fear that they are about to be hurt, that's assault. If you do it with a "deadly weapon" it's aggravated assault. It doesn't matter if you didn't really intend to hurt them, or even intend to scare them, so long as a reasonable person in their shoes would likely have felt scared upon seeing you do whatever you did with your gun (combined with what you said, and any gestures you made with your hands, and taking into consideration all the facts and circumstances of the incident).

    See O.C.G.A. 16-5-21. (the statute on agg. assault)
     
  4. Gunstar1

    Gunstar1 Administrator

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    No. Since both concealed and open carry are allowed then you are not breaking a law.

    Some states make unintentional flashing (wind blows jacket up and shows the gun) or even printing (seeing outline of the gun through the covering garment) against the law, Georgia does not.
     
  5. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    I concur with all of the above. :D

    Tucking your shirt in would not be a crime, unless maybe you did it as a challenge or a threat.
     
  6. BergerBoy

    BergerBoy New Member

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    This was my understanding. While the act of "uncovering" is not illegal in of itself, if one is in a heated argument and uncovers, it could be construed as brandishing. The same for someone getting into an argument, leaving, and coming back with a visible gun.
     
  7. Rammstein

    Rammstein New Member

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    Solution:

    Open carry that bad boy. :D
     
  8. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    Is it brandishing to jump up and down while making that ululating sound and holding both arms up and outstretched to the sky fire an AK-47 in one of your hands up into the sky on full auto in celebration?
     
  9. Gunstar1

    Gunstar1 Administrator

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  10. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    Think about it. Holster requirement. No carry in hand like Louisiana.
     
  11. jason1

    jason1 New Member

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    Is it brandishing to jump up and down while making that ululating sound and holding both arms up and outstretched to the sky fire an AK-47 in one of your hands up into the sky on full auto in celebration? :minigun: :rotfl: What ammo goes up must come down some where.Thats how many people get killed on the Fourth of July because other people discharge shotguns in the air for fireworks.[/quote]
     
  12. Tinkerhell

    Tinkerhell Active Member

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    No. That's just stupid.
    And a waste of perfectly good ammo.

    Fireworks are much cheaper and prettier. :wink:
     
  13. Adam5

    Adam5 Atlanta Overwatch

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    I have to totally agree with this. If I were in his situation I would have :

    a) Walked away to difuse the situation
    b) Called the police/security myself
    c) Not revealed my gun in the midst of a stupid argument (it might escalate the situation instead of difusing it)

    If a,b, and c didn't work (say they followed me when I left) and I felt that my life/safety were in jeapordy, I then may have gone to open carry. That way I could say that I tried to difuse the situation and summon help BEFORE performing an act that could be interpretted as threatening or a possible escallation of the situation. I would consider showing/drawing my weapon an absolute last resort.
     
  14. gunsmoker

    gunsmoker Lawyer and Gun Activist

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    Follow-Up

    I was discussing a case with an experienced felony prosecutor and a couple of police detectives. Perpetrator approaches and confronts a person angry and half-drunk. Yells at this person, but does NOT explicitly make any threats to do a crime of violence against this person. Then the suspect pulls out a pistol and continues arguing while waving the gun around, holding the gun in his hand, muzzle down to the ground, and muzzle up to the sky, but muzzle NOT pointed at the other person. The victim is scared-- victim thinks it's going to turn into a murder-suicide.
    It ends without anybody getting hurt.

    So we're all debating--brainstorming-- what's the appropriate charge for brandishing a gun in this manner? What criminal offense found in O.C.G.A. fits these facts?

    Well, 2 out of 3 of the law-and-order types in the debated say it is NOT aggravated assault, terroristic threats and acts, or any other felony. Probably misdemeanor "simple assault" and/or other misdemeanors. There are no bleeding-heart liberals in this group of LEOs and prosecutors, but the feeling is that to "assault" somebody "with a firearm" has to involve either pointing it at them or verbally threating them with the gun combined with displaying it.