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Thread: Accidental Brandishing Precautions

  1. #1
    Member Bobbthebuildr's Avatar
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    Cool Accidental Brandishing Precautions

    Ok, So, I'm a newbie to this Forum, and to concealed carry, and there might be a thread like this, but I couldn't find it, so please direct me to it if there is one.

    I carry a Ruger SR9c in an inside the belt holster, in my belt, on the back, and I try my hardest to dress around the concealment, so that I don't have to worry about printing, or worse, brandishing. BUT, I've been putting some thought into (What if?) my hands are lifted and my shirt reveals the gun and an innocent civilian behind me sees the (scary) black gun tucked in my pants...
    I know I could quickly explain my legality of carry, IF they asked, but most people wouldn't ask an armed man why he has a gun.

    I was reading some threads about a CCW badge, but, I know that could be misconstrued as impersonating an officer, but I was curious if there could be a way around that.

    Here's my idea, how about making a color copy of my CCW, laminating it, and attaching it to the clip of the holster, so that if the gun is "accidentally brandished", a color- photograph- ID would be in front of it. I think that if I were completely oblivious to concealed carry, like most citizens are, and I saw a gun with a photo ID in front of it, it would ease my concern for my safety. I would still have my real CCW in my wallet for a run-in with a LEO. I just think that this could hold-off on a person yelling "OMG HE'S GOT A GUN!"

    I'm just thinking every possible situation through, and I might be missing something, let me know what you think, maybe it's a bad idea.

  2. #2
    Distinguished Member MPDC66's Avatar
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    Accidental exposure is NOT brandishing but should be avoided if at all possible. No ID, badge or any other ID would make it better, IMHO.

    Printing is NOT illegal and accidental exposure would be judged on its own circumstances. For instance, IF you purposely show the weapon to a friend in a public place and someone else sees it you could be in trouble. However, your shirt slipping up as you reach for something on a shelf is innocent and could easily be explained to a LEO IF other circumstances are absent.

    Best solution, conceal it well and never allow an accidental peek to ANYONE.
    "I come in peace, I didn't bring artillery. But I am pleading with you with tears in my eyes: If you f---with me, I'll kill you all."
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    Member AdamCop84's Avatar
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    I agree nothing is going to put the sheeps mind at ease, you have a permit and if it is "accidental" then you have nothing to worry about. Ive been carrying for almost 5 years and i havent had an accidental show of my gun before. I also carry OWB and print on some occasion just because im not concerned if they can see the print or not. In my opinion i dont think you have to worry my friend and your letting it stress you out. Just carry like you normally would and have fun but more importantly be safe.
    Don't bring a knife to a gun fight!

  4. #4
    Member mandarin's Avatar
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    This seems to be a large gray area. Look at this post over at The High Road. Vancouver, WA, man arrested for open carry.

    The police officer cited Kirby under the law that says it is wrong to carry a weapon if it “manifests an intent to intimidate another or that warrants alarm for the safety of other persons.”
    This is probably the answer to the question, with respect to Florida law. You may be issued with a citation if your display of firearm frightens another citizen and leads them to summon law enforcement. Maybe not. Depends on the discretion of the responding officer, but if the citizen got totally freaked out as a result of your accidental display, that's your fault.

  5. #5
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    With a IWB holster, you'd have to hike your shirt pretty high to expose enough of your firearm most sheep would recognize as a firearm.

    I carry OWB myself and only once have I exposed the bottom of my holster. I had just started carrying that way, and was climbing down off a set of those rolling steps you might find at Home Depot, WalMart, etc...that has the handrails. My shirt caught on the hand rail as I backed down. I had 5 other people standing around, including the wife, two other friends who don't know I carry and their 16 yr old daughter. The only one who noticed is my buddy who knows I carry. Even he said he honestly thought it was my cellphone case till I told him. Quick lesson learned, I now cover that side of my shirt tail whenever I reach, climb, bend, stoop, or burp in a way I think might blow my concealement. I'm fast becoming left handed for most that stuff.

    But, stuff happens, and, I honestly don't worry about printing or the quickie flash much at all. People just aren't looking for it and they don't see it when it happens.
    Last edited by RadTek; 03-27-2010 at 06:32 PM.

  6. #6
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    Cover the best you can for concealment and if by chance your gun does show and you see someone sees it, i would just very calmly say "I'm licensed." then just go about your business.
    Glock 26
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  7. #7
    Super Moderator Rvrctyrngr's Avatar
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    Quote Originally Posted by mandarin View Post
    This seems to be a large gray area. Look at this post over at The High Road. Vancouver, WA, man arrested for open carry.



    This is probably the answer to the question, with respect to Florida law. You may be issued with a citation if your display of firearm frightens another citizen and leads them to summon law enforcement. Maybe not. Depends on the discretion of the responding officer, but if the citizen got totally freaked out as a result of your accidental display, that's your fault.
    Sorry. That, in no way whatsoever, reflects the reality of Florida Law. We don't have a 'he scared me' statute like WA does, nor do we have a 'brandishing' statute. Here's what we have:

    790.10 Improper exhibition of dangerous weapons or firearms.--If any person having or carrying any dirk, sword, sword cane, firearm, electric weapon or device, or other weapon shall, in the presence of one or more persons, exhibit the same in a rude, careless, angry, or threatening manner, not in necessary self-defense, the person so offending shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
    Though I do my best to stay concealed at all times, if you carry long enough, you will expose that weapon at some point or another. I don't worry much about it. Yes, it's happened to me a few of times in the last 28 years...
    a couple of which were in full view of LEOs...not a word said.
    Detached reflection cannot be demanded in the presence of an uplifted knife.
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    Brown v. United States, 1921

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  8. #8
    Distinguished Member MPDC66's Avatar
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    Quote Originally Posted by mandarin View Post
    This seems to be a large gray area. Look at this post over at The High Road. Vancouver, WA, man arrested for open carry.





    This is probably the answer to the question, with respect to Florida law. You may be issued with a citation if your display of firearm frightens another citizen and leads them to summon law enforcement. Maybe not. Depends on the discretion of the responding officer, but if the citizen got totally freaked out as a result of your accidental display, that's your fault.


    This is interesting. The OP posted about "accidental brandishing" which is really an oxymoron. Therein, IMHO lies the answer. IF it is accidental, it is NOT brandishing. Brandishing, by definition, implies an intent to inspire fear or compliance by your action.
    "I come in peace, I didn't bring artillery. But I am pleading with you with tears in my eyes: If you f---with me, I'll kill you all."
    Marine General James Mattis, to Iraqi tribal leaders

    COTEP #744

  9. #9
    Quote Originally Posted by mandarin View Post
    This seems to be a large gray area. Look at this post over at The High Road. Vancouver, WA, man arrested for open carry.



    This is probably the answer to the question, with respect to Florida law. You may be issued with a citation if your display of firearm frightens another citizen and leads them to summon law enforcement. Maybe not. Depends on the discretion of the responding officer, but if the citizen got totally freaked out as a result of your accidental display, that's your fault.
    I had the pleasure of speaking to an extremely intellegent gentleman who is well versed in this area and he stated " you guys are too worried about printing an accedental exposure" I tend to agree and I would say the statues agree here in FL as well. There is no brandishing law in FL .

    790.10 Improper exhibition of dangerous weapons or firearms.--If any person having or carrying any dirk, sword, sword cane, firearm, electric weapon or device, or other weapon shall, in the presence of one or more persons, exhibit the same in a rude, careless, angry, or threatening manner, not in necessary self-defense, the person so offending shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

    Reaching for the top shelf is not rude careless or threatening Manner so no worries.... Honestly most folks will not notice at all to busy in there own worlds.

    Now go do your wally walk
    I am not a lawyer!! Any information I provide is my opinion only and should not be considered as legal advice.

  10. #10
    Quote Originally Posted by Rvrctyrngr View Post
    Sorry. That, in no way whatsoever, reflects the reality of Florida Law. We don't have a 'he scared me' statute like WA does, nor do we have a 'brandishing' statute. Here's what we have:



    Though I do my best to stay concealed at all times, if you carry long enough, you will expose that weapon at some point or another. I don't worry much about it. Yes, it's happened to me a few of times in the last 28 years...
    a couple of which were in full view of LEOs...not a word said.
    ya beat me to it... was typing mine when you posted
    I am not a lawyer!! Any information I provide is my opinion only and should not be considered as legal advice.

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