Charged with brandishing?

[Superman]

http://www.foxnews.com/us/2012/08/27/te ... net-bride/

The part that caught my eye:

Last week, Sartin pleaded guilty to attempted kidnapping and brandishing a firearm in connection with the case.

This was in Houston. I thought there was no "brandishing" law...or is there a federal one?

[Keith B]

It's semantics. Brandishing is an action. Per the dictionary:

bran·dish   /ˈbrændɪʃ/ Show Spelled[bran-dish]
verb (used with object)
1. to shake or wave, as a weapon; flourish: Brandishing his sword, he rode into battle.

There is no actual law on 'brandishing' in Texas. You can use the term, albeit incorrectly, but he was more than likely charged with disorderly conduct or aggravated assault for threatening someone with a gun. In states where they DO have brandishing laws, they can be as innocuous as just standing in front of someone with your holstered weapon in plain view and arguing with them. See http://texaschlforum.com/viewtopic.php?f=7&t=40244" onclick="window.open(this.href);return false;

[recaffeination]

Texas has no laws against brandishing in the same sense Texas has no laws against rape. Texas law doesn't have an offense with that name, but the act is illegal under a different name.

[flb_78]

I would assume that since the BATFE is involved, that this would be a Federal Case and tried in Federal Court instead of Texas courts.

http://www.justice.gov/usao/co/communit ... atues.html" onclick="window.open(this.href);return false;

18 USC Section 924 (c)(1) Using, carrying, possessing, or brandishing a firearm during, in relation or in furtherance of a violent or drug trafficking offense, prosecuted in a Federal Court

[Oldgringo]

What's the difference in 'brandishing' and just plain old 'wavin' it around'?

[magicglock]

What's the difference in 'brandishing' and just plain old 'wavin' it around'?

Style and confidence!

[WildBill]

What's the difference in 'brandishing' and just plain old 'wavin' it around'?

Style and confidence!

Can you still have style and confidence while being menacing?

[Hoosier Daddy]

What's the difference in 'brandishing' and just plain old 'wavin' it around'?

Style and confidence!

Can you still have style and confidence while being menacing?

Judge for yourself.

[Heartland Patriot]

Sec. 42.01. DISORDERLY CONDUCT. (a) A person commits an offense if he intentionally or knowingly:

(8) displays a firearm or other deadly weapon in a public place in a manner calculated to alarm;

I like our state's definition a LOT better than the generic word "brandishing". Its still open to interpretation, but the scope is certainly narrower, and that IMHO, is a good thing.

[RSJ]

22.05 Deadly Conduct is another one to remember.

[steve817]

What's the difference in 'brandishing' and just plain old 'wavin' it around'?

One syllable?

[Heartland Patriot]

The problem I have with the word brandishing is that many states go extremely overboard when using that word. In fact, in a few places, someone getting an accidental glimpse of the weapon is enough to get charged with "brandishing". Like I said, I'll stick with the laws in our state, they're better when it comes to this.