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The right to brandish in Michigan


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#1 Sol-Invictus

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Posted 22 August 2019 - 08:00 PM

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#2 BobPistol

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Posted 22 August 2019 - 08:09 PM

Sounds like a wise ruling.  Too bad it is solely limited to Michigan. 


The Second Amendment of the Constitution protects the rest.

#3 soundguy

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Posted 22 August 2019 - 08:27 PM

Makes sense to me.

I suspect "brandishing" happens more than is reported.

I dare say many of a certain age recall Mom brandishing the paddle...

 

Now, some important caveats. This is a Michigan case. It is not setting rules for other jurisdictions. Don’t rely on Michigan law to determine your actions in, say, Ohio. Moreover, even under legal standards similar to Michigan’s it’s still a grave decision to pull a weapon from a holster or from the glove compartment of your car. It’s legally consequential and extremely dangerous. But the Michigan case outlines what should be the proper legal standard. The sight of a gun has the power to deter violence, and banning its use outside of the threat of imminent death would — perversely enough — allow too many confrontations to escalate.

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#4 Sweeper13

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Posted 22 August 2019 - 08:54 PM

The Spice Girls and Co should be helping her out. The kids where REALLY separated from her.


Edited by Sweeper13, 22 August 2019 - 08:55 PM.


#5 Bubbacs

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Posted 22 August 2019 - 09:35 PM

Legal CCL holder
Points a empty gun at someone?

The devils advocate in me thinks she placed herself in a highly more dangerous situation than she may have realized.
I get this is in Michigan only.
And showing or pulling your gun may ward attackers off, but what if they see that as a sign to pull and fire at you?

Lucky lady.......

#6 mab22

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Posted 26 August 2019 - 07:48 PM

The Spice Girls and Co should be helping her out. The kids where REALLY separated from her.


You don’t get it, she is a citizen, the spice girls don’t care about Citizens, only the non-citizen. Also being incarcerated she is unable vote, but the non citizen can even if they are not supposed to.
Void the FOID!

#7 mab22

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Posted 26 August 2019 - 07:51 PM

Sounds like a wise ruling.  Too bad it is solely limited to Michigan.

What’s the rule in here in Illinois, If you pull, fire the weapon or face additional charges! Welcome to thunder dome!
Think about that...
Void the FOID!

#8 Glock23

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Posted 27 August 2019 - 05:37 PM

Sounds like a wise ruling.  Too bad it is solely limited to Michigan.
What’s the rule in here in Illinois, If you pull, fire the weapon or face additional charges! Welcome to thunder dome!
Think about that...

I assume you're joking, but I can't even begin to tell you how many people actually believe that.

"If you draw and don't shoot, it's brandishing, and that's illegal."

No... no it's not lol.
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#9 borgranta

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Posted 27 August 2019 - 06:13 PM

 

Sounds like a wise ruling.  Too bad it is solely limited to Michigan.
What’s the rule in here in Illinois, If you pull, fire the weapon or face additional charges! Welcome to thunder dome!
Think about that...

I assume you're joking, but I can't even begin to tell you how many people actually believe that.

"If you draw and don't shoot, it's brandishing, and that's illegal."

No... no it's not lol.

 

That kind of logic could land someone in prison for manslaughter especially if the aggressor is obviously backing down after the gun is pulled.


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#10 soundguy

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Posted 27 August 2019 - 06:16 PM

Sounds like a wise ruling.  Too bad it is solely limited to Michigan.
What’s the rule in here in Illinois, If you pull, fire the weapon or face additional charges! Welcome to thunder dome!
Think about that...

I assume you're joking, but I can't even begin to tell you how many people actually believe that.
"If you draw and don't shoot, it's brandishing, and that's illegal."
No... no it's not lol.
That kind of logic could land someone in prison for manslaughter especially if the aggressor is obviously backing down after the gun is pulled.

That Florida fellow a while back could have benefited greatly by not shooting and possibly avoided prison time for man slaughter.
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