Brandishing a Weapon

[depserv]

It's been several years since I got my CHP, but it seems like I remember the instructor saying something about a state law saying essentially that if someone catches a glimpse of our concealed weapon, like say when we reach for something on a high shelf, and that person is a brainwashed liberal dupe who feels anger or fear because of a fellow citizen being armed, the one whose weapon is seen has committed the crime of brandishing a weapon, and, among other things, will lose his right to bear arms because of it.

Since open carry is legal this makes no sense, so maybe my memory is flawed.  But then again, laws often make no sense, especially those in regard to gun control.

I looked for clarification of this on the NSP website and couldn't find any mention of it.  Does anyone have any information on this?

[Dan W]

That law does not exist so far as my research has found

[bullit]

I think your "memory is flawed".  As you stated OC is not illegal in Nebraska (with some exceptions in "Suttleville").  You might be (and this has happened) cited with disturbing the peace (which is a misdemeanor). 

Should you UNrighteously draw your HG on someone, you likely be charged in Nebraska with 3rd degree assault or Terroristic Threat.   

If "brandishing a weapon" were a problem I'd have to wear long sleeves everywhere..... 

[depserv]

Thanks for the information. 

[AAllen]

Some states do have "Brandishing" statutes, Nebraska does not.  Depending upon where you are you could get charged with disturbing the piece or some other crime; it depends upon the Police, the City or County Attorney and the local political climate.  I know that this is not what any of use want to be the way things get handled but unfortunately that is the way the system works.

[LM4202]

brandishing a weapon...see your profile photo, with a finger on the trigger no less.   

[depserv]

brandishing a weapon...see your profile photo, with a finger on the trigger no less.   

It's not being brandished if it's hidden.  But I agree: the finger should not be on the trigger.  Maybe I'll change pictures (not that you'll like the next one either). 

My main purpose in both pictures by the way is to point out what any of us might run across in what might not seem to be a dangerous encounter.  Even if that purpose is not apparent, the message is still there.  I'm sure most of us already know about the increased risk when you can't see both of a person's hands and all of his fingers, but a little reminder now and then is still a good thing.

[unfy]

NE doesn't have any such silly law.


Now, FL does.

A semi-famous example would be a traffic stop where a gentleman returns his wallet to his pocket, which causes his shirt to bump...

[greg58]

Was this guy convicted of anything?
Probably should have informed the officer of his concealed handgun right off.

Greg58

[wusker]

To my knnowledge their law was change as a direct result of this incident

[depserv]

To my knnowledge their law was change as a direct result of this incident

I hope the guy sued the department and the officer lost his job.  Guy out minding his own business gets pulled over for a technical violation; cooperates with the cop, then Barney Fife finds out he's exercising his Constitutional right to bear arms and he goes crazy, making a false arrest on a pretend charge.  Some people should not have police power.

Good thing there aren't more Ernie Chambers in our legislature or we'd have laws like that here too (along with no concealed carry); maybe we'd be getting busted for thoughtcrime violation.   

[Randy]

Getting out of  your vehicle before being told pisses off the LEO's very time.

[omahasnake]

This is an awesome example of what NOT to do when officially approached by LEO's...he got out of the vehicle, did NOT inform the LEO that he was a permit holder until he was face down and handcuffed...I am not at all surprised at the reaction of the officer...he sees a guy with a gun...how he is to know if he is a threat or not?

[Gary]

And you guys wonder why my gun is disassembled and scattered across my dash on a traffic stop. 

Never exit the vehicle, unless instructed to do so.

Engine off, keys on the dash in plain sight.

Radio off.

Interior lights on, all of them.

All windows down, even if it is raining.

Hands on the wheel, 10 & 2.

Eye contact with officer.

Keep mouth shut, speak when spoken to.  Answer all questions, obey all directives.

Have license, ins card, and vehicle registration in left hand on the wheel as the officer approaches the car.

Be friendly.

[Bucket]

And you guys wonder why my gun is disassembled and scattered across my dash on a traffic stop. 

Never exit the vehicle, unless instructed to do so.

Engine off, keys on the dash in plain sight.

Radio off.

Interior lights on, all of them.

All windows down, even if it is raining.

Hands on the wheel, 10 & 2.

Eye contact with officer.

Keep mouth shut, speak when spoken to.  Answer all questions, obey all directives.

Have license, ins card, and vehicle registration in left hand on the wheel as the officer approaches the car.

Be friendly.

The whole notion of handling your weapon at any point AFTER you get pulled over just strikes me as just about the dumbest thing you can do and risks getting you shot if the Officer sees you and feels threatened.  I know you bragged about being able to break it down like a ninja, but that just adds risk to the equation when you could just leave it alone and inform the guy where it is.

I think rolling down all the windows is a useless gesture as well.  All that's gonna do is make the cop wonder "WTF?" as he approaches the vehicle.

....but I'm just a mortal. 

[depserv]

This is an awesome example of what NOT to do when officially approached by LEO's...he got out of the vehicle, did NOT inform the LEO that he was a permit holder until he was face down and handcuffed...I am not at all surprised at the reaction of the officer...he sees a guy with a gun...how he is to know if he is a threat or not?

Maybe the guy hadn't had much experience with police.  The officer could have told him to stay in his vehicle, or get back into it.  There used to be something called presumption of innocence.  The guy should have stayed in his vehicle, and he should have informed the officer right away that he had a permit to carry and was armed.  But the officer did still overreact.  And he was the one in charge.  He's supposed to be the professional.  If he would overreact like he did in this situation what might he do in another one?

Randy Weaver did things he shouldn't have done, but did that make it ok for federal police to murder his wife and son? 

[Hank]

Getting out of  your vehicle before being told pisses off the LEO's very time.

This, plus what Bucket said.
Marvin Ammons comes to mind. (IIRC..that was his name)

I could be totally wrong, but my thoughts on the definition of `brandishing a weapon`, would mean to display in an aggressive manor..say like showing it in a angry fashion to the guy who just cut you off in traffic.
Me thinks, leave it put away untill you have no other choice.

[rudy]

Florida does not require one to inform a LEO that one is carrying a concealed weapon immediately upon official contact, only if asked by the officer.  The man did nothing wrong, really; although, it was illegal to have a concealed weapon show at that time in Florida (2009).  My assessment is that the cop was terrified when he saw a holster and overreacted.  How many criminals carry in holsters?  Probably not many.  Logically, if a criminal needs to ditch a piece quickly, a holster takes more time to remove, and if the holster isn't chucked and is discovered by police, they will obviously try to locate the pistol.

I come from a state where it isn't necessary to inform unless asked.  I know that from reading other people's opinions here that some won't agree with me, but I would prefer to have the option to not inform a LEO when carrying.  My thinking is that the safest place for my weapon is in my holster.  If the LEO doesn't know it is there, it isn't going to get removed and fiddled with.  Concealed is concealed.  There are practical limitations to this, of course, for example if I am asked to do something that would expose the weapon, I would inform as to not surprise the LEO.  But, since I am in NE now, I don't have the choice and have to inform immediately.  Oh well. 

[bullit]

Some good thoughts on "brandishing" from one our NFOA Sponsors.....

http://armedcitizensnetwork.org/our-journal/252-january-2012?start=10