‘Speeds to the scene to join the fray’
May 6th, 2008
From a recent Michigan Coalition for Responsible Gun Owners (MCGRO) newsletter:
Q: During the summer months, if I carry, say a snubbie in a “IWB” holster and the handle shows, is that legal or brandishing?
A: Brandishing means to “display in a threatening manner.” While it would probably be a defensible charge under the circumstances that you describe, it is not unimaginable that the situation could lead to criminal charges. Some (certainly not all) cops operate on the principle of “when in doubt, make the arrest.” And some prosecutors don’t support our CPL rights and are predisposed to “get guns off the street.” Even if a charge of brandishing is not brought, many localities have ordinances prohibiting any conduct that is a “breach of the public peace and order,” (or words to that effect). Perhaps of greater concern is the fact that an inadvertent slip which reveals all or part of a holstered gun could possibly lead to a dangerous “man with a gun” call to police. I have been on police ride-alongs and seen what happens when such a call comes over the radio. Every police officer within range of the radio call speeds to the scene in an effort to join in the fray. Driving at 100+ mph with lights and sirens going gets the adrenaline pumping. Once on the scene, the cops are generally highly agitated and pointing their loaded weapons at the individual who is the subject of the call, all the while shouting commands. Even if no arrest is made, and no charges filed, the scenario is dangerous and inconvenient for all concerned.
Combine that with the practical issue that was best summed up by Ted Nugent who said that open carry “offers no tactical advantage,” and your best bet is to get good leather, the right clothing, and keep your gun concealed until/unless you need it to save a life.
