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455 RWHP / 452 Torque
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Saw that on a couple websites...not the brightest of bulbs getting that tattoo in that location, IMO. I would think on his own property, what difference would it make if he did have a gun in his waistband. Does that constitute "brandishing"?
 

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What's Old is New Again!
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I can actually see two problems here. Although it is freedom of speech and expression, why would you want to draw attention to yourself like that. Also, if the tree technician was not directly threatened, why should he report this.

I have a concealed carry permit, and I carry my Smith & Wesson Shield about 80% of the time. Personal experience has taught me it's better to keep it concealed under a slightly bulky sweater or jacket than to carry it openly(although legally). It just gives too many people too many wrong ideas.
 

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455 RWHP / 452 Torque
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I have a concealed carry permit, and I carry my Smith & Wesson Shield about 80% of the time. Personal experience has taught me it's better to keep it concealed under a slightly bulky sweater or jacket than to carry it openly(although legally). It just gives too many people too many wrong ideas.
Dan, is it considered brandishing in VA if you have a concealed permit and are carrying so, and someone sees the gun?

That's the law in PA. A friend of mine was sitting outside a diner once and his pistol was on his lap. I think he was taking the clip out for some reason. Regardless, he was in his car. Some lady going into the diner saw the gun in the open and called the cops. They blocked him in, he produced his permit thinking he was in the clear, especially sitting in his car, but was charged with "brandishing".

So I'm guessing if you were to get out of your car and somehow your shirt got caught behind a holster and someone saw it, you might be open to the same type of offense. It's either 100% open or concealed carry here, though I bet the rigidness with how that's enforced varies all over the state. I'd ask a local cop but I bet I would get a different answer from every cop I asked due to their own interpretation of the law (kind of like PA's window tint law).
 

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What's Old is New Again!
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Jim, here is what VA code is for brandishing.


Virginia Code 18.2-282:

It shall be unlawful for any person to point, hold or brandish any firearm or any air or gas operated weapon or any object similar in appearance, whether capable of being fired or not, in such a manner as to reasonably induce fear in the mind of another or hold a firearm or any air or gas operated weapon in a public place in such a manner as to reasonably induce fear in the mind of another being shot or injured. However, this section shall not apply to any person engaged in excusable of justifiable self-defense.


I imagine that the demeanor of the police and the gun owner in the case has a lot to do with it.
 

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455 RWHP / 452 Torque
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Jim, here is what VA code is for brandishing.

Virginia Code 18.2-282:

It shall be unlawful for any person to point, hold or brandish any firearm or any air or gas operated weapon or any object similar in appearance, whether capable of being fired or not, in such a manner as to reasonably induce fear in the mind of another or hold a firearm or any air or gas operated weapon in a public place in such a manner as to reasonably induce fear in the mind of another being shot or injured. However, this section shall not apply to any person engaged in excusable of justifiable self-defense.

I imagine that the demeanor of the police and the gun owner in the case has a lot to do with it.
Thanks Dan...that makes perfect sense to me. It shouldn't be brandishing unless you threaten with the weapon. VA has it right. I'll have to check out the PA law to see exactly what it says. When my friend told me about his incident it seemed sort of odd the way he described it, but he did have to go before a judge and if I remember right, his CCW permit was suspended for a period of time.

Regarding the tattoo guy, for all we know he came out of his house shouting threats at the guys and they took it seriously.
 

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Jim, here is what VA code is for brandishing.


Virginia Code 18.2-282:

It shall be unlawful for any person to point, hold or brandish any firearm or any air or gas operated weapon or any object similar in appearance, whether capable of being fired or not, in such a manner as to reasonably induce fear in the mind of another or hold a firearm or any air or gas operated weapon in a public place in such a manner as to reasonably induce fear in the mind of another being shot or injured. However, this section shall not apply to any person engaged in excusable of justifiable self-defense.


I imagine that the demeanor of the police and the gun owner in the case has a lot to do with it.
Dan, you are sooo right. The perpetrator should never see your firearm until needed. Never tip your hand. It is simply amazing what a high speed brain enema can do to lower the recidivism rate among bad people.
 
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