We often hear in the news that someone was brandishing a weapon, but, what does actually mean and is it illegal to brandish a weapon?
Is brandishing weapons limited to firearms or does it include other weapons such as knives?
What's the difference between open carry and brandishing? Here is everything you need to know about brandishing a weapon!
Brandishing a Weapon
In most US states, brandishing is not used as an actual legal term that defines the manner in which you exhibit your weapon.
However, the term itself can be used to describe your actions using a weapon.
Brandishing is defined by Marriam-Webster as shaking or waving (something, such as a weapon) menacingly and or exhibiting in an ostentatious or aggressive manner.
Brandishing laws are complicated and sometimes vague in the way they're defined. However, brandishing by definition is in most states consider a violation of the law.
Brandishing laws can vary greatly from state to state and are typically perception based.
This means that any action (involving a weapon) that is perceived menacing or threatening can be consider a violation of the law.
Examples of Brandishing a Weapon
- Aggressively weaving a weapon
- Resting your hand on the grip of your weapon
- Grabbing your weapon
- Exposing you weapon in an aggressive manner
- Sweeping away your shirt to expose your weapon
- Exposing your weapon in sensitive places
- Exposing your weapon inside of a bank
If you have any questions regarding where and when you may or may not display a firearm, consult with an attorney that is familiar with weapons laws.
Always follow your state and local laws regarding weapons.
What Weapons Can You Brandish?
When you think of brandishing, you probably think of a gun, but brandishing is actually not limited to guns.
In fact, brandishing a weapon can include any device that is used as a weapon such as a knife, baseball bat, metal pipe, or any improvised weapons.
Brandishing Vs Open Carry
In most states, open carrying only include gun or knifes that must be worn on the outermost part of your body. They must be completely exposed and clearly visible to the public.
Carrying a gun or knife inside of a holster that is completely exposed on the outermost part of your body is considered open carry.
However, definition can vary from state to state. Always know your state and local laws regarding weapons.
If you have any questions regarding open carry laws consult with an attorney that is familiar with weapons laws.
Open carrying your weapon is not considered brandishing as long as it's done in a manner which is not perceived as menacing, aggressive, or threatening.
If you have any questions regarding where and when you may or may not display a firearm, consult with an attorney that is familiar with weapons laws.