Better off to carry with none in the chamber than not at all?

[FireInTheWire]

not sure which planet you live on but murder is illegal where i live

You on the wrong site with that mentality.

 

[kbaxter60]

Spicy thread.

I doubt anyone is interested... but i do the Israeli carry.

In my day-to-day, I've assessed my risks and decided that my lifestyle doesn't require that high level of readiness that comes with one in the pipe. After an early-bird dinner, it's nap time. YMMV.

I practice drawing and racking few times a week; it becomes second nature. To each his own.

Good article here: https://www.thetruthaboutguns.com/truth-israeli-carry/

Good read. I found this interesting:

To qualify for duty, all Israeli military commandos and police units must meet an Israeli draw standard of 1.2 seconds for placing the first round on target at eight meters with a handgun. That’s starting with an un-chambered pistol, no round under the firing pin. I doubt that most chambered-carrying U.S. gun owners can match that at the gun range, much less in the field under pressure.

 

[FireInTheWire]

Good read. I found this interesting:

Hold my beer...

 

[Lead Belly]

’’Racking’’ requires DRAWING, which WILL BE INTERPRETED as ‘’brandishing’’ by most current urban DA’s.

Brandishing is the present participle of brandish, which means to wave something in the air in a threatening or excited way.

Urban: Of, relating to, or located in a city; places to avoid

 

[lechinajames]

<>

Welcome to TGT.

Your ’’(legally speaking)’’ IS confusing. Did you do a case records search, or are you a judge, some legal authority; or what ?

Also, who was speaking about ‘’murder’’ ? And, what would that have to do with the prior discussion here, anyway ?

Also, having been intended victim of street crime assaults on several occasions: There is NO extra time ! Criminals are cunning and plan their attacks.

’’Racking’’ requires DRAWING, which WILL BE INTERPRETED as ‘’brandishing’’ by most current urban DA’s.

I have stopped several attacks by hand-to suddenly un-concealed, but still HOLSTERED pistol. How could anyone claim ‘’brandishing’’ of a fully holstered undrawn weapon?’

But, if needed, drawing & firing is then a split-second issue.

And, ‘’racking’’ requires TWO good hands, which may not be available.

leVieux

<>

If I

<>

Welcome to TGT.

Your ’’(legally speaking)’’ IS confusing. Did you do a case records search, or are you a judge, some legal authority; or what ?

Also, who was speaking about ‘’murder’’ ? And, what would that have to do with the prior discussion here, anyway ?

Also, having been intended victim of street crime assaults on several occasions: There is NO extra time ! Criminals are cunning and plan their attacks.

’’Racking’’ requires DRAWING, which WILL BE INTERPRETED as ‘’brandishing’’ by most current urban DA’s.

I have stopped several attacks by hand-to suddenly un-concealed, but still HOLSTERED pistol. How could anyone claim ‘’brandishing’’ of a fully holstered undrawn weapon?’

But, if needed, drawing & firing is then a split-second issue.

And, ‘’racking’’ requires TWO good hands, which may not be available.

leVieux

<>

Your argument is very disconcerted and confusing. If I wasn’t a lawyer then you would discard my statement entirely? You have a fervent trust in authority that shouldn’t be present. I guess we should kick out all non-military, LEO members in here because they don’t speak from authority regarding firearms. Have a great day

 

[ZX9RCAM]

Brandishing is the present participle of brandish, which means to wave something in the air in a threatening or excited way.

Urban: Of, relating to, or located in a city; places to avoid

Are you inferring that removing ones gun from the holster would not be considered brandishing?

Maybe I'm wrong.

 

[Lead Belly]

Are you inferring that removing ones gun from the holster would not be considered brandishing?

Maybe I'm wrong.

I'm just putting google definitions. I' sure a DA would have their own interpretations, depending on who you are.

If you unholster and keep pointed down in defensive move, probably not brandish. I think of a driver who hods up his blaster and flashes to other driver to let them know.

Brandishing is the act of waving or flourishing a weapon in a menacing, defiant, or excited way.

I'm having dinner with a former Federal Judge tomorrow- I'll ask him.

 

[ZX9RCAM]

Ask him if racking the slide, which was the reason for drawing it, would make a difference.

 

[leVieux]

I'm just putting google definitions. I' sure a DA would have their own interpretations, depending on who you are.

If you unholster and keep pointed down in defensive move, probably not brandish. I think of a driver who hods up his blaster and flashes to other driver to let them know.

Brandishing is the act of waving or flourishing a weapon in a menacing, defiant, or excited way.

I'm having dinner with a former Federal Judge tomorrow- I'll ask him.

<>

Read a the news pieces.

Seems that Soros DA’s have expanded the meaning of ‘’brandishiing’’,

’’Display in a threatening manner’’ is what I’ve read. Importance is that some laws use the word under original intent, but juries are told what the DA wants them to hear.

BTW, looks that we’ve picked-up a troll.

<>

 

[DaBull]

I'm just putting google definitions. I' sure a DA would have their own interpretations, depending on who you are.

If you unholster and keep pointed down in defensive move, probably not brandish. I think of a driver who hods up his blaster and flashes to other driver to let them know.

Brandishing is the act of waving or flourishing a weapon in a menacing, defiant, or excited way.

I'm having dinner with a former Federal Judge tomorrow- I'll ask him.

​

It doesn't have to be in hand and waved around to be a crime. It just has to be displayed to intimidate.

18 US Code Part 924​

(4) For purposes of this subsection, the term “brandish” means, with respect to a firearm, to display all or part of the firearm, or otherwise make the presence of the firearm known to another person, in order to intimidate that person, regardless of whether the firearm is directly visible to that person.

Texas Penal Code Sec 42.01

“Disorderly Conduct” includes the offense of displaying a firearm in a public place in a manner calculated to alarm. This offense is a Class C misdemeanor. Additionally, if the act of brandishing a weapon escalates and leads to a more serious threat, assault charges or other offenses may be applicable.

 

[kbaxter60]

Ask him if racking the slide, which was the reason for drawing it, would make a difference.

Seems like a moot point to me. At some point, you have to display "intent to use". If you already have that round in the chamber, and you unholster, it would seem like you are at least considering firing it. If you remove it and rack the slide, you are clearly intending to use.

If it only takes showing that you are armed, then we have passed that on both of these scenarios.

It kind of reminds me of those movies where the guy lifts the edge of his jacket to show that there's a gun in his belt...

 

[benenglish]

BTW, looks that we’ve picked-up a troll.

Pretty much every day...

 

[ZX9RCAM]

Seems like a moot point to me. At some point, you have to display "intent to use". If you already have that round in the chamber, and you unholster, it would seem like you are at least considering firing it. If you remove it and rack the slide, you are clearly intending to use.

If it only takes showing that you are armed, then we have passed that on both of these scenarios.

It kind of reminds me of those movies where the guy lifts the edge of his jacket to show that there's a gun in his belt...

I completely agree.

I feel drawing from the holster would be enough.

 

[ZX9RCAM]

Pretty much every day...

Since his comment was after my post, I thought he meant me.

 

[benenglish]

Since his comment was after my post, I thought he meant me.

I doubt that. Seriously. He's been around long enough to appreciate you and the way you mightily contribute to TGT.

 

[Lonesome Dove]

not sure which planet you live on but murder is illegal where i live

Blew right over your head but that was a gimme. Strike II

 

[majormadmax]

If I

Your argument is very disconcerted and confusing. If I wasn’t a lawyer then you would discard my statement entirely? You have a fervent trust in authority that shouldn’t be present. I guess we should kick out all non-military, LEO members in here because they don’t speak from authority regarding firearms. Have a great day

I just want to say "Hi!" as I have a feeling you won't be on here for very long!

If you actually make it to this coming weekend I will be surprised!

 

[Lead Belly]

It doesn't have to be in hand and waved around to be a crime. It just has to be displayed to intimidate.

18 US Code Part 924​

(4) For purposes of this subsection, the term “brandish” means, with respect to a firearm, to display all or part of the firearm, or otherwise make the presence of the firearm known to another person, in order to intimidate that person, regardless of whether the firearm is directly visible to that person.

Texas Penal Code Sec 42.01

“Disorderly Conduct” includes the offense of displaying a firearm in a public place in a manner calculated to alarm. This offense is a Class C misdemeanor. Additionally, if the act of brandishing a weapon escalates and leads to a more serious threat, assault charges or other offenses may be applicable.

I figured the legal definition would differ from accepted definition.

Sounds like even pulling your coat back like in Justified would be enough to trigger charges.

Heck, I bet if you reached-over to the glove box and did a fake slide rack motion on a bic pen it'd be enough in these days.

 

[SARGE67]

All this legal mumbo jumbo. Just be glad we live in Texas. I related before how my son and my 10-year-old grand daughter were walking from his car to a hardware store, what could possibly go wrong. A guy stepped from behind a vehicle about 10-20 feet away with a knife. My son being very cool, calmly pushed his daughter on his left behind him while at same time removing his Glock .45 cal with his right hand and pointing it at the ground, not at the bad guy. The guy hauled ass. I have no idea where "brandishing" a weapon or whether loaded or not fits this scenario being discussed but 3 folks had a good night versus bad otherwise.

 

[Glenn B]

I guess carrying without one in the chamber but with a fully loaded magazine inserted (or a cylinder with 5 loaded instead of six) is better than not carrying at all but the only way you'd catch me doing that is if I was dead and if I carried that way chances are that is how I'd wind up if I got into a self defense situation.