A video taken by a high school student shows Indiana state Rep. Jim Lucas flash a holstered gun to students who were visiting the statehouse to talk to lawmakers about gun control
Yeah and if there is no brandishing law in Indiana this could be viewed as possible assault. (Offen assault is the threat of violence, battery is the action of violence)
Let’s use knives instead. If you’re bothering me on the street, and I flash a large knife at you in response, what would be your interpretation of that gesture? Am I just getting my knife some air? Am I inviting you back to mine for a night cap? Or am I telling you to back off because I have a weapon?
That’s called brandishing, and it’s usually a crime.
Yeah and if there is no brandishing law in Indiana this could be viewed as possible assault. (Offen assault is the threat of violence, battery is the action of violence)
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https://www.ce9.uscourts.gov/jury-instructions/node/1007
You’re missing the point. Its not the display that is brandishing, it is display with intent to intimidate.
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assault, menacing, intimidation, all crimes that involve the threat of violence.
Let’s use knives instead. If you’re bothering me on the street, and I flash a large knife at you in response, what would be your interpretation of that gesture? Am I just getting my knife some air? Am I inviting you back to mine for a night cap? Or am I telling you to back off because I have a weapon?
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What does showing the knife accomplish in this example?
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You’re right, your example isn’t a demonstration of brandishing. But it also has nothing to do with what the article describes.