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What is brandishing?

According to Merriam-Webster, brandishing is to shake or wave (something, such as a weapon) menacingly or exhibit in an ostentatious or aggressive manner. In most states, “brandishing” is not a legally defined term. In fact, only five states (Louisiana, Michigan, Mississippi, Virginia and West Virginia) currently have laws on the books that directly reference brandishing. When it comes to concealed carry, many states have their own definitions and may refer to brandishing as “Defensive Display”, “Improper Exhibition of a Weapon” or “Unlawful Display”.  Actions from resting your hand on the grip of your pistol or knife or sweeping your cover garment aside to expose your conceal carry weapon may be considered brandishing.

It is important to understand that the lack of a formal legal definition of brandishing does not mean that brandishing a firearm, whether accidentally or with the intention of intimidating, will not result in criminal charges. Brandishing a firearm may fall under other state laws, such as aggravated assault, assault with a deadly weapon, improper use of a firearm, menacing, intimidating or disorderly conduct. Criminal legal consequences may vary from misdemeanor citations to felony charges based on the state or jurisdiction that you are in and the specifics of your particular incident. Depending on your state, additional penalties may incur if your brandishing incident occurs in the presence of a law enforcement officer, public official or emergency medical responder.

Brandishing laws are complicated, so if you have any questions regarding where and when you may or may not display a firearm, consult with an attorney who is familiar with firearms laws in your area.

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The information contained on this website is provided as a service to USCCA, Inc. Members and the concealed carry community, and does not constitute legal advice. Although we attempt to address all areas of concealed carry laws in all states, we make no claims, representations, warranties, promises or guarantees as to the accuracy, completeness or adequacy of the information disclosed. Legal advice must always be tailored to the individual facts and circumstances of each individual case. Laws are constantly changing, and as such, nothing contained on this website should be used as a substitute for the advice of a lawyer for a specific case.