The Second Amendment grants individuals the right to bear arms, allowing citizens to protect themselves and their loved ones. But exercising this right comes with a great deal of responsibility.
It is important gun owners know when and how to lawfully draw their concealed firearms. Drawing a gun for anything other than self-defense could lead to legal consequences, including brandishing charges.
What Is Brandishing?
Brandishing refers to the act of displaying a weapon, typically a firearm, in an angry, threatening or intimidating manner. While state gun laws vary — some don’t explicitly define brandishing — the general understanding is that brandishing involves showing a firearm with the intent to threaten.
Because definitions differ across jurisdictions, brandishing a gun can be interpreted broadly, leading to misunderstandings or false accusations.
Legal Consequences of Brandishing a Firearm
The legal consequences of brandishing a gun can be severe. In most states, it’s categorized as a felony, which means substantial fines, potential imprisonment and a permanent mark on your criminal record.
Even in states where it’s classified as a misdemeanor, the consequences can be far from trivial. A misdemeanor offense can still tarnish your record, possibly leading to loss of gun rights and causing difficulties in passing employment background checks.
When some see a firearm, they conjure up vivid, albeit unfounded, images of potential violence. These misconceptions are sometimes shared with law enforcement, leading to unnecessary concerns and, in some cases, unjust accusations.
When police respond to “man with a gun” reports, they typically arrest first and let the courts sort it out. That means even a misunderstanding could cost you time, money and peace of mind.
Knowing when to draw — and when not to — starts with proper training.
Understanding brandishing and defensive display laws is just the first step. Proper training transforms you from a gun owner into a confident protector.
USCCA’s expert-led classes cover everything from firearm fundamentals and accuracy training to legal considerations and conflict avoidance – giving you the confidence and skills to protect what matters most.
Over 1 million students trained nationwide. Find certified instruction in your area and take the next step in your protector journey.
When Is Brandishing Legal?
When is brandishing a firearm legal? Rarely, but there are narrow circumstances where displaying a weapon might be justified as self-defense. While the use of deadly force is only justified when facing an imminent threat, brandishing a weapon can be a legally defensible act if it prevents significant personal injury or harm.
Many homeowners, landowners and renters choose to carry a firearm as a precaution when investigating potential intruders. Courts generally consider this a reasonable step to ensure personal safety.
Can You Brandish a Gun on Your Property?
Misconceptions about what constitutes brandishing on private property can lead to unnecessary concerns and legal issues. For example, a Missouri homeowner was arrested after running off a pair of thieves at gunpoint.
The thieves went to the sheriff’s office to complain of being threatened at gunpoint, with a spurious story to explain their presence at the house. The sheriff bought their story, sweetened as it was by claims that the homeowner was a drug dealer, and raided the home.
No drugs were found, but as a consolation prize, the citizen was arrested for brandishing a firearm at the thieves. Though acquitted, the case illustrates how brandishing laws by state can differ — and how costly false accusations can be.1
The presence of firearms at emotionally charged events or demonstrations can further complicate a situation. Such incidents can inadvertently support exaggerated claims of brandishing, leading to unnecessary panic and calls for stricter firearm regulations from the anti-gun crowd.
Brandishing vs. Open Carry
It’s crucial to distinguish brandishing vs. open carry.
- Open carry is the legal, visible possession of a firearm without intent to threaten.
- Brandishing implies intent to intimidate or threaten.
Even lawful gun owners can cross the line if their demeanor or words suggest a threat. Always remain calm, polite and measured when carrying openly or when your firearm becomes visible.
Reporting Incidents and False Accusations
One of the challenges in dealing with gun brandishing cases is the prevalence of false reports. These can arise from disappointed criminals, those who are paranoid or overly suspicious, individuals who are angry, or those with an anti-gun agenda.
This is why one of the most significant responsibilities of concealed carriers is knowing the law. Brandishing can be interpreted as showing your gun inadvertently, even if it’s not in your hand.
As ridiculous as it may sound, someone spotting the outline of a handgun under a shirt — printing — or when a cover garment rides up to show a part of the firearm can be construed as brandishing. Yes, this is extreme and not at all fair, but it may be the reality in places that are unfriendly to concealed carry.
Know the laws and act accordingly. If penalties for a gun being visible are strict, choose your carry method and covering strategy wisely.
If your gun is spotted inadvertently:
- Remain calm and re-conceal discreetly.
- In a low-key encounter, you might diffuse the situation by calmly stating: “It’s OK, I have a concealed carry permit.”
If folks are panicking, others will panic too. If those nearby (and you) are calm, so will they be.
However, if someone spots your gun inside a business and reports it to management, you’ll want to proactively address whoever is in charge. Again, remain calm and professional.
In most states, a business can decide whether it will allow weapons on its property. Even if there is no sign posted, the company still may have the right to ask you to leave.
If that happens, just go quietly. If there is a sign posted, it’s possible you’ve violated the law.
Depending on your state, the consequences may be a simple trespass notification or a felony that can result in revocation of your permit and even jail time.
In cases where there is an overreaction, it’s essential to have witnesses who can corroborate the facts. However, it’s not always easy to find willing witnesses, which underscores the significance of being the first to report an incident to the police.
The initial report sets the tone for the case, and while it’s often advised to remain silent, in cases where false allegations are made, your silence might be interpreted as consent.
Brandishing in Self-Defense
In certain cases, brandishing can be justified in self-defense. Courts have recognized that drawing or displaying a firearm can be a reasonable and lawful defensive act when facing a credible threat.
Even if you act in self-defense, though, you could find yourself facing legal charges. Take the example of a Louisiana teacher who was charged with brandishing a pistol on school property while defending himself from a student wielding a club.2
The teacher fled to his car following the student’s initial attack. When the student followed, he found the defender with a pistol at his side and retreated.
Both parties were charged and convicted for aggravated assault. The teacher appealed, and the Supreme Court of Louisiana ruled that the teacher did not brandish the gun but used a justified defensive display.
The court further ruled that, “We do not find, from the record, that Landry ever ‘brandished’ the gun at Jacob or threatened him with harm, although plaintiff did, of course, make certain that the pistol was visible to the aggressor, Jacob.”3
In this case, the court ruled in favor of the teacher’s right to self-defense, but the school board tried to terminate his employment. The court restored his job, but the school board’s stance highlights the importance of understanding the nuances of self-defense.4
Justifying Deadly Force in Self-Defense
Brandishing can be justified in the context of self-defense. While deadly force can only be used to meet the threat of deadly force, the threat implied by brandishing is justified by a low-level threat.
A defensive display of a firearm can prevent violence when used responsibly. However, your behavior and demeanor can determine whether your actions are seen as lawful self-defense or illegal brandishing.
Many landowners, homeowners and apartment renters take precautions by being armed when investigating potential intruders. It’s a prudent step to ensure their safety. For example, if you hear a suspicious noise at night and want to investigate, carrying a firearm as a precaution is generally considered reasonable by the courts.
However, your behavior and demeanor can determine whether your actions are seen as lawful self-defense or illegal brandishing. Keep your emotions in check, maintain a calm tone and act with restraint. Your composure can influence witness statements, police perception and even how your case is handled in court.
Know the Brandishing Laws in Your State
Understanding brandishing laws is a cornerstone of responsible gun ownership. Every state defines and penalizes brandishing differently, so it’s critical to stay informed.
Whether you’re new to concealed carry or an experienced gun owner, know when drawing your firearm is legally justified. Learning your state’s brandishing and defensive display laws helps you protect yourself, your loved ones and your rights — without stepping over the legal line.
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Endnotes
1 Author’s case.
2 Landry v Ascension Parish School Board, 415 S.2d 473 (La. Ct. App. 1st Cir 1982).
3 State v Landry, 381 S.2d 462 (La. 1980).
4 Landry v Ascension , supra at 477.
