Is this "brandishing" a firearm?

[You'll shoot your eye out]

I was sitting in my car in front of Walmart today. Another guy pulls in beside me. He was apparently doing the same as me, waiting for somebody inside. In a few minutes I see him with his little gun, maybe a Beretta with the tip-up barrel. Maybe Taurus. He is coon-fingering and blowing out the lint for quite a while, and pretty much admiring his little pistol.

It wasn't very much after he put it away when sheriffs came busting in. To make a long story short, they hauled him away, leaving his car. I was asked if I witnessed anyone brandishing a firearm and I answered that I had been sitting there almost an hour and had seen no such thing. Nobody asked me if I saw that he had a gun....... I suppose a soccer mom must have saw him and got insulted by it. I sure as heck didn't call them.

Does just seeing a gun in hand constitute brandishing? I didn't think so. Of course I don't know what charges they actually arrested him for, or even if they took him somewhere to get sorted out and then brought him back. It LOOKED like he was getting jammed-up though. What does everybody think? Is coon-fingering in public an arrestable offense?

 

[Booya]

If they took him away it likely had to do with something other then the gun. There is no "brandishing" law in IN as far as I know. No license maybe? Outstanding warrants? "just for some questioning"?

 

[snorko]

I can not speak to the legal definition, but to me brandishing has a threatening connotation. Apparently that agrees with the definition of "wave or flourish (something, esp. a weapon) as a threat or in anger or excitement."

 

[Kutnupe14]

***alert, alert*** brandishing law.... error.... IC not found

 

[littletommy]

I've heard of guys getting arrested for taking it out and playing with it in public.

 

[Kirk Freeman]

You'll, Indiana has no "brandishing".

Could be Pointing a Firearm or Criminal Recklessness.

 

[You'll shoot your eye out]

You'll, Indiana has no "brandishing".

Could be Pointing a Firearm or Criminal Recklessness.

I could see them trying to say that. It seems a bit harsh for just making a gun visible however. Is there a legal difference between having it hanging on your belt in the open and holding it in your hands? He was inside of his car with the windows up, I can't rationalize that anybody felt threatened.

He could have been a holdup man for all I know, but It looked pretty ugly for what I saw. And I saw everything. The police used the word "brandishing" and it made me curious.

 

[Doug]

It may not be illegal, but it is at least "misdemeanor stupid."
Clean your guns at home and don't scare the sheeple.

 

[1911ly]

I could see them trying to say that. It seems a bit harsh for just making a gun visible however. Is there a legal difference between having it hanging on your belt in the open and holding it in your hands? He was inside of his car with the windows up, I can't rationalize that anybody felt threatened.

He could have been a holdup man for all I know, but It looked pretty ugly for what I saw. And I saw everything. The police used the word "brandishing" and it made me curious.

Windows up still doesn't make what he was doing any safer or smarter. Kirk's comment: "Could be Pointing a Firearm or Criminal Recklessness" sounds spot on to me. Fiddling with a weapon in public is bound to draw attention to your self in this day and age.

 

[lonehoosier]

So next time I meet up with someone to by a gun in a parking lot I should not check it out first. Just have the seller put the case in the trunk and drive off.

 

[TopDog]

I was not there and could not comment on how visible he was making his gun to others. I DO NOT want to get into a cc vs oc debate. But this exactly why I don't OC. Any Jack Hole that is aware that you are in possession of a handgun can call the cops, even if they don't feel threatened. Just to screw with you for fun. Even if the cops have common sense and confirm there is no problem you still have to deal with it. And the Jack Hole that called is not going to be held accountable. I don't have time to play with the stupid public, mindless soccer mom's etc...

 

[BGDave]

Sounds like the coonfingerer (yeah, that's a word) was looking for attention and got it.

Want to play with your "cat killer", maybe hold it a little lower. Or park farther away from the door.

 

[femurphy77]

I've heard of guys getting arrested for taking it out and playing with it in public.

Um. . . .

 

[Snapdragon]

At the hospital where I volunteer, there was a big hooha a few weeks ago because a lady saw a "man with a gun" in the parking lot. As I suspected, it turns out he was taking his gun off and locking it in the car because the hospital has a "no weapons" policy.

 

[Long Rider]

Few years ago, we had a woman a couple doors down call the police every time I went to the range. Police showed up and I was gone. She said she didn't know who it was, only they were walking around with a gun. She knew me, worked for my wife. Cop who lives in the neighborhood and I figured out what was going on. They finally issued her a ticket for false reports and threatened to arrest her if it happened again. Some people are paranoid

 

[WilsonMD]

Brandishing, IMO, means using an item as a means to gain attention. It could have been a gun, knife, or whatever other 'device(s)' he/she wants to display. It doesn't sound like that was the intent. However, I don't think it was a wise choice to choose a public place to indiscreetly admire, inspect, clean, display, or whatever he was doing with the weapon.

 

[Lectric102002]

While idiotic coonfingering isn't in the IC, it should be.

 

[TopDog]

Few years ago, we had a woman a couple doors down call the police every time I went to the range. Police showed up and I was gone. She said she didn't know who it was, only they were walking around with a gun. She knew me, worked for my wife. Cop who lives in the neighborhood and I figured out what was going on. They finally issued her a ticket for false reports and threatened to arrest her if it happened again. Some people are paranoid

Or just plain evil.

 

[2A_Tom]

While idiotic coonfingering isn't in the IC, it should be.

You could run and win the Democrat nomination with that plank in your platform.

Make laws to stop stupidity and next thing they arrest you for resting your hand on your sidearm.

I know, I know... it's for the children.

Please don't suggest new infringements.

 

[2A_Tom]

Few years ago, we had a woman a couple doors down call the police every time I went to the range. Police showed up and I was gone. She said she didn't know who it was, only they were walking around with a gun. She knew me, worked for my wife. Cop who lives in the neighborhood and I figured out what was going on. They finally issued her a ticket for false reports and threatened to arrest her if it happened again. Some people are paranoid

And that's the way it should be.