Brandishing?

[jimisbell]

As I read the Florida law, I live in Texas and carry a Florida CWL, "brandishing" is removing your gun from concealment and not firing it?

With this definition, if I pull the gun, the assailant sees it and thinks better of the attack, breaking it off, I must then shoot it or I am guilty of "brandishing"

This gives me the choice of shooting a non threatening person, or discharging the weapon into the air/ground to protect myself from being guilty of a criminal act.

This is NOT the case in Texas, am I reading the law in Florida correctly?

[357 S&W]

I guess that depends on how LE will look at it. It is not brandishing if you pull your firearm in self defense. What is the tricky part is what you do after you pull it and the person runs away. IMO any time you pull your firearm because of a situation where you felt you life was in danger report it to LE. CYA. you can nevery know if someone else saw and mistakes the situation or what. Worse would be the perp calling LE and reporting you as the aggressor.
What I do not like is that in a lot of states there is no distinction from printing, accidentally showing to brandishing a firearm. Also to many in LE feel their safety should take priority over the public constitutional right.

[Bman505]

^^^Agree. Ask a law enforecemnt officer if you know one?

[jimisbell]

In Texas, accidentally printing is not a crime nor is accidentally showing it a crime. Just better get over it fast, or it may become one. I think the law says "intentionally showing."

[Tremain]

It is unlawful to discharge a firearm as a 'warning'.

[jimisbell]

I think the wise thing would be to say, "I missed" rather than "I fired a warning shot"

[Tremain]

As a NRA instructor I cannot give you any advice except learn the law and error on the side of caution. As an individual, not speaking for the NRA, I would never even consider firing any shot, even a 'missed' shot. If you discharge your firearm for any reason it must be for self-defense of yourself or another's life or well-being (there are also felony allowances, but that is a whole other crazy discussion). So, in other words, your 'warning' shot must be made with the 'intent to use deadly force'. By the time you can legally deploy deadly force, you can feel confident that 9 out of 10 times you will NOT want to fire any warning shot.

Now, on a different point, check out the new Florida law on exposing your concealed weapon. Even with the old law, you could easily get away with beginning to draw your firearm when you felt your life or well-being was threatened and you could 'stop' at any time and then re-conceal your weapon. With the new law it states that you can openly display it in a non-angry or non-threatening manner. BUT, there has not been enough time for a 'first incident' to lead to a court case and the eventual 'case law' interpretation.

So in other words, and in my personal opinion: 1) draw or begin to draw ONLY when you feel you have the right to deploy deadly force only, for legal safety; 2) cease the deployment and final delivery of deadly force at any time if you believe your life/well-being is no longer in direct danger; 3) DO NOT display your firearm in a manner to intimidate another (even if it is a warning of 'hey look at my gun, don't mess with me'); 4) If you feel you need to, uncover your firearm in preparation for a draw and if at that point you don't feel you're threatened enough to deploy deadly force, simply stop and wait for the threat to 'completely' remove itself.

In the end, your complete practiced understanding of the law, knowing when and how to legally deploy, understanding what a 'real' fear for your life is, and being aware of 'how' any display of a firearm will be perceived by onlookers, will likely determine whether you drive away with your firearm or spend the night in jail and losing your piece (or worse, jail time).

Just my 2 1/2 cents.

[Bman505]

^^^^Great info! Thanks for the update on Florida laws.

[Tom Goodrick]

Thanks, Tremain, for a good explanation. This is why I normally leave my gun home.

[Tremain]

Tom, the decision to legally carry or not is definitely a personal decision. Sadly though, I repeatedly hear stories about the overwhelming percentage of CWP carriers that find themselves in a situation that desperately needs a firearm are not carrying at that time of need. Many CWP holders pick and choose when they 'think' they will likely need to carry and spend the vast majority of their time unarmed in the locations they mistakingly believe they are safe such as gas stations, convenience stores, and most critically within the parking lots of practically everywhere. Many Floridians purchase the biggest cannon they can carry on their hip and then leave at home because they can't properly conceal the monster in shorts and a thin t-shirt during the 9 months of the year that are sweltering. I promote carrying at all possible times along with constant practice drawing safely with your current firearm/carry device combo. I almost never leave the house, or even wear clothing within my residence, without my trusty little Berretta 950, .25 ACP FMJ pocket pistol in my front pocket within a tongued pocket holster. Granted I am not going to engage unless absolutely necessary past 5-10 yards, but a 50 grain FMJ is very effective as a face pistol and general deterrent. I can carry in the tightest jeans or lightest shorts safely and without discomfort. And when I'm in full jeans and lose shirt I carry my Glock 19, modified to my requirements, without taking removing my 'baby' Berretta, which becomes a backup without an annoying ankle holster.

I personally have only needed a firearm for defense twice, outside of a combat theater. The first time I was NOT carrying and was robbed at gunpoint less than 25 yards from a NFCU ATM at 5:30PM on a military Friday payday with over 100 people waiting in line for the ATM, none of whom witnessed my being ushered into my own car at gun point. I was not carrying because I had just left a military installation after duty and put in a situation where simply drawing would have forced the perp to drop his firearm due to the manner he was displaying the weapon. In contrast, the second time I needed a firearm in a civilian capacity was during a broad daylight home invasion in my own home. I was already carrying, 9mm at hip and .25 in pocket, at the time of the invasion. Luckily, all I had to do was draw my 9mm, engaging BOTH lasers, flicking the lasers into the eye of the first invader, along with a very loud confrontational threat, to completely stop and diffuse the situation. Mind you, at the moment the perps went terrifyingly passive and began egressing my residence, I decided to not pull the remaining 1 or 2 pounds of trigger pressure, which was how close the incident almost turned out differently. My military and civilian training made the ONLY difference between life and death for the perps. I did not double tap the lead person once I clearly saw and felt that my life was no longer in danger. Ignoring the second degree felony charges to them, I was never required to relinquish my firearm and only asked to lock it up, being unarmed for the interviews, whereas things didn't go smoothly for them when one of them flipped out because they thought I was the criminal for drawing after they broke my door down, entered the premesis and threatened to kill me! Of course, if I had discharged, regardless of outcome, the police involvement and post-incident situation would have been very different on many levels.

The above two experiences drive not only what I teach but also my personal practices. Sadly, I repeatedly hear that statistics show that the vast majority of CWP holders are not carrying when they are murdered or shot in public. Unfortunately, or potentially fortunate, the current situation with George Zimmerman and Trayvon Martin will most likely either clearly define through case law the most recent statute changes in Florida regarding self defense/carrying, or lead to new laws and changes that might not be in the favor of your right to defend yourself. 2012/2013 may become a critical and redefining era for CWP and self defense interpretations.

In spite of the above, I do not believe that you 'have' to carry if possible. But I definitely know what is best for me personally!