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Thread: BANISHING" a Weapon Driver arrested Felony

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    Default BANISHING" a Weapon Driver arrested Felony

    Remember my telling you how I had been warned about going out to meet TRESPASSERS and having a visible weapon. The Cops call it "Bandishing a Weapon", I call it being prepared. Mind you, we ain't talking about pointing a firearm at someone, "Just showing it".

    If someone could post the story on the front page of the "Anchorage Daily News", about a driver who is in front of another car, He holds up his handgun, the driver behind him calls the police, He is arrested for Third degree assult......."Bandishing" a Class III Felony. Yes, it was not smart, and yes there was some driver misbehavior also......but arrested for assult....?

    The State Troopers told me I have received my last warning, about bandishing a weapon, hence the 16 shot Glock 35 that I can hold behind my back, or behind my leg, when asking trespassers to leave. (I'll have the Glock 20 SE in the back pocket also).
    Last edited by Sourdough; 08-13-2009 at 04:19 PM.


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    Senior Member wareagle69's Avatar
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    uh i think you mean brandishing a weapon, yup its illeagal
    i got charged on time for imtimidation cuz the was talking to someone and my arms where up and pointing towrds this person, yes it was a heated discussion but i tdid not threaten but i was told no matter what you say or your intent is, it is based on how the other person perceives it if they feel threatened they can press charges
    always be prepared-prepare all ways
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    Administrator Rick's Avatar
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    If it happened the way the article says it did he was just plain stupid. Deserved to be arrested.

    If you look at the definition of brandishing...

    1 : to shake or wave (as a weapon) menacingly
    2 : to exhibit in an ostentatious or aggressive manner

    When you do that your intent is to instill fear in the other person. There is no other reason to do it.

    Some states consider open carry as brandishing. I don't agree with that but that's probably one of the reasons I don't live in those states.

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    Quote Originally Posted by Rick View Post
    If it happened the way the article says it did he was just plain stupid. Deserved to be arrested.

    If you look at the definition of brandishing...

    1 : to shake or wave (as a weapon) menacingly
    2 : to exhibit in an ostentatious or aggressive manner

    When you do that your intent is to instill fear in the other person. There is no other reason to do it.

    Some states consider open carry as brandishing. I don't agree with that but that's probably one of the reasons I don't live in those states.
    RICK, I agree he was not smart, However the only person who was in danger was the guy brandishing the weapon, He damn sure could not drive 70 MPH and shoot backwards through his rear window. I just think it is wrong if I go out to ask someone to leave my private property and he can see my weapon. But if I take the Sig Sauer P-556 Pistol with a thirty round magazine, it is just fine as long as it is out of sight.

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    Administrator Rick's Avatar
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    I don't disagree with your scenario. I believe in the castle doctrine and if someone shows up unannounced then they should expect to be escorted from the property. If you happen to be armed, well, to danged bad. Don't show up unannounced. If you pack it out on your hip I don't see a problem with it. Obviously the legislature in AK does.

    The driver of the car is a completely different story. Once you pull a weapon out while driving a car you've just escalated the situation out of control. I could ram your car and run you off the road and claim self defense. It's just a dumb move for him to have made.....if it went down as the article claims.

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    Local Homesteader arrested for brandishing a "Moldy" Toasted cheese sandwich" in clear sight of "Criminal Trespassers".

    Judge: "What happened"

    Prosecutor: The defendant was waving a moldy toasted cheese sandwich, while asking three armed men who were trespassing to leave his property.

    Judge: SO....?

    Prosecutor: Well spores could have been flying everywhere, endangering the Public Safety.

    Judge: I see......?

    Prosecutor: The defendant then ate the moldy cheese on moldy bread sandwich, and a loud rectal eruption was heard, the defendant was up wind of the three armed trespassers, and they held their noses and quickly vacated the property.

    Judge: So....The trespassers STOLE the homesteaders "Natural Gas"......where they charged.....?

    Prosecutor: No, Sir it was an accident..........

    Judge: SAY WHAT....?

    Prosecutor: The defendant (Homesteader) Claims it was an "Accidental DISCHARGE"...............

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    Senior Member SARKY's Avatar
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    And Maine has a law on the books where as if someone is on your property illeagally and you ask them to leave 3 times and they do not you have the right to shoot!
    I know what hunts you.

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    Quality Control Director Ken's Avatar
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    Quote Originally Posted by SARKY View Post
    And Maine has a law on the books where as if someone is on your property illeagally and you ask them to leave 3 times and they do not you have the right to shoot!
    "LeaveLeaveLeave!" - BANG!!!
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    I could learn to like Maine....That's in America.......Right....???

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    Hall Monitor Pal334's Avatar
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    Or is it Leave, Bang, leave, bang, leave? I always get those things messed up
    .45 ACP Because shooting twice is silly... The avatar says it all,.45 because there isn't a.46

    http://www.youtube.com/watch?v=lTs6a...eature=related

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    Senior Member 2dumb2kwit's Avatar
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    Bang, bang, bang,......leave! Damn dyslexia!
    Writer of wrongs.
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    "Stop Global Whining"

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    Quote Originally Posted by wareagle69 View Post
    uh i think you mean brandishing a weapon, yup its illeagal
    i got charged on time for imtimidation cuz the was talking to someone and my arms where up and pointing towrds this person, yes it was a heated discussion but i tdid not threaten but i was told no matter what you say or your intent is, it is based on how the other person perceives it if they feel threatened they can press charges

    WOW, is my spouse ever going to be in trouble now

    Mischief

  14. #14

    Wink brandishing

    i cant believe alaskas that strict about brandishing a weapon,i think everyone should have the right on there own private property.especially if your in a real rural area,or out in the middle of nowhere,you have no idea why they are there wether they are armed or not,and what if they are hunters,talking about mainly poachers,you just be showing them you are armed to and your ready to defend your self and your property.what are you supposed to do tell them oh time out while i go call the cops.and if you live far enough out how long does it take for them to get there,or for that matter to even find your place if they never been out there for anything before.i know in some states its legal to shoot someone who breaks in to your house,but you better not blow them out the door if you do you better drag them back inside or they can get you on some kind of manslaughter charge,have heard this straight out of the sherriffs mouth,and make sure they are dead or they will sue you and more than likely win,another words shoot to kill.to me most of these laws are pretty rediculous,like your supposed to let them get all the way in the house instead of stopping them before they manage to get all the way in witch makes more since to me,especialy if you can plainly see there armed and a police officer would idenifiey his self and knock on the door.i dont think its right to shoot someone just for tresspassing or pointing a gun at someone unless they get really agressive physically not just yelling.it should be in my opinion to be able to confront any tresspaser with a firearm as long as you dont point it directly at them.people need to get together and have these unfair laws changed in each of there states.are all of us supposed to lay down and be sheep for the slaughter?or stand by and do nothing while someone cleans out your house?as far as the guy in the car he must be mentally unstable and should have tests run on him to see if he should even be allowed to own a firearm
    Last edited by thunderson5; 08-16-2009 at 11:28 AM. Reason: spelling error

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