wolverine_173 wrote:With open carry does the gun need to be holstered or can i walk down the street with the pistol in my hand? Would that be considered brandishing a gun or whatever they call it?
I ask because i had my gun in my car and wanted to show it to my friend in the parking lot, I removed the magazine and the round that was in the chamber and let him handle it in the walmart parking lot. Same thing when i sell a gun. can i get in trouble for that?
In direct answer to your question, as stated above, brandishing involves drawing or exhibiting a dangerous weapon in an angry and threatening manner. Here is the code: 76-10-506
. Threatening with or using dangerous weapon in fight or quarrel.
(1) As used in this section, "threatening manner" does not include:
(a) the possession of a dangerous weapon, whether visible or concealed, without additional behavior which is threatening; or
(b) informing another of the actor's possession of a deadly weapon in order to prevent what the actor reasonably perceives as a possible use of unlawful force by the other and the actor is not engaged in any activity described in Subsection 76-2-402(2)(a).
(2) Except as otherwise provided in Section 76-2-402 and for those persons described in Section 76-10-503, a person who, in the presence of two or more persons, draws or exhibits a dangerous weapon in an angry and threatening manner or unlawfully uses a dangerous weapon in a fight or quarrel is guilty of a class A misdemeanor.
(3) This section does not apply to a person who, reasonably believing the action to be necessary in compliance with Section 76-2-402, with purpose to prevent another's use of unlawful force:
(a) threatens the use of a dangerous weapon;
(b) draws or exhibits a dangerous weapon.
However, I would be careful about walking down the street with a pistol in your hand. Not only is it unsafe to do so, but you might then need to contend with people's and law enforcement's interpretation of a "threatening manner".