CCW encounter that could have went badly.

[voodoo_man]

I responded to a call for a person with a pistol, when I arrived I stopped a person who matched the description. Shortly after a complainant arrived on scene.

There had been an argument on the street over something trivial and during which, the complainant stated the male I stopped brandished a pistol, which was iwb. The male never unholstered it, never touched it, never stated he was going to shoot or hurt anyone, these are the complainants statements.

The male stated he reached into his pocket toget something and was wearing a tight shirt, accidentally exposing the pistol. Male had a good ccw, pistol wasnt stolen.

The complainant was very upset that the male wasnt getting arrested and that he was afraid for his life, though there was nothing overtly done and merely having a firearm does not in and of itself create intent.

Everyone advised and released. Told the ccw guy to make better decisions.

[ubervic]

... the complainant stated the male I stopped brandished a pistol, which was iwb. The male never unholstered it, never touched it, never stated he was going to shoot or hurt anyone, these are the complainants statements.

The male stated he reached into his pocket toget something and was wearing a tight shirt, accidentally exposing the pistol. Male had a good ccw, pistol wasnt stolen.

The complainant was very upset that the male wasnt getting arrested and that he was afraid for his life, though there was nothing overtly done and merely having a firearm does not in and of itself create intent.

Interesting.

Would any LEO have cause to arrest the suspect in this case, given these circumstances?

[olstyn]

Interesting.

Would any LEO have cause to arrest the suspect in this case, given these circumstances?

I'm not an LEO, so I'm not sure how much value my response has, but if I recall correctly, some states have laws against "brandishing" that include wardrobe malfunctions of the type described in the OP in the definition of brandishing. That would seem to indicate that in those states, an arrest could have been made.

[BehindBlueI's]

Interesting.

Would any LEO have cause to arrest the suspect in this case, given these circumstances?

Not in my state. We don't have a "brandishing" law, and open carry is perfectly legal. You can walk around with it duct taped to your forehead as long as you don't point it at anyone or use it in a manner that meets the elements of Intimidation.

[uechibear]

Good for you, voodoo_man.

Some officers in the state where I live would have arrested him, and the chief would have immediately revoked his license to carry for that simple "wardrobe malfunction". Since the license is required to possess anything firearms related in this "state", the PD would be at his home ASAP to take possession of all of his stuff. Besides all firearms—even the ones legally owned by other family members—they'd steal his holsters, all ammo (of course, since a license is required to possess it), scopes, etc. Those items would be sent away to a "bonded warehouse" and in most cases even if the person in question was lucky enough to be found not guilty after spending tons of money on legal representation, the personal property would never be returned (the warehouse can legally sell his property for their own profit).

Not in my state. We don't have a "brandishing" law, and open carry is perfectly legal. You can walk around with it duct taped to your forehead as long as you don't point it at anyone or use it in a manner that meets the elements of Intimidation.

Open carry is perfectly legal in the U.S. state I described above, but this is still how it works here, and these things have happened even to legally-licensed, professional business people (including a lawyer) whose suit jackets were accidentally blown open by the wind which allowed an officer to see a sidearm (arrested, etc. even though there was not even a complainant who saw it and got scared).

I only post this because I'm sure most U.S. citizens don't realize what it's like in places they don't live. I have plans to move to a part of America that's more free, and I can't wait. I have friends who are police officers, and I appreciate the difficult job they and some of you guys do, but living where I do I'm honestly more concerned about having problems with the cops than with criminals or terrorists.

[wsr]

Interesting.

Would any LEO have cause to arrest the suspect in this case, given these circumstances?

Whether the LEO believed the pistol was exposed "accidentally" or "accidentaly on purpose" would be the determining factor ....accidentally on purpose would fit the definition of brandishing in most states I would think.

[olstyn]

uechibear, where do you live? I need to add it to my list of places I'll never move to!

[Trooper224]

Until about two years ago this would have been an arrestable offense in the metro area where I live. (I am not a member of this particular agency) If you were carrying and the weapon became visible because of a shirt riding up, or a coat blowing open, a citizen could be and often was arrested as this met the legal definition of brandishing. The PD were, quite frankly, absolute ass holes about it. In an area of the country that is by and large pro-gun this was something of an anamoly. About two or three years ago, the city passed an open carry ordinance. I'm convinced this was primarily due to the DA's office getting tired of dealing with crap caused by the PD's behavior.

[voodoo_man]

We have open carry here, so no brandishing laws.

I find it very interesting that people will carry and not know to keep to themselves when others become confrontational.

[TGS]

We have open carry here, so no brandishing laws.

Just so nobody gets confused reading this...

1) PA itself does not have brandishing laws, per se....it falls under disturbing the peace or terroristic threats.....

2) Legal OC does not automatically mean there are no brandishing laws, and you can still be charged for brandishing a legally OC'd firearm in many OC states.