What is brandishing according to the law?(Chipotle incident)

[Jonathan Waits]

So I kind of wanted to get some opinions on this one. We have all seen the picture of the two young men, one of them actively brandishing his rifle at the low ready, in a chipotle open carry event in dalas texas over the weekend. Unfortunately through pressure from MDA and other customers, this event and, the media coverage of it, forced chipotle to release a statement saying it did not want guns in their stores. Personally I don't blame them. Now I like chipotle because of their stance against GMO's and Statist farming policies. Their cave in to MDA does disappoint me, however, but back to the question in hand. In the recent year or so, we have starbucks, and chipotle, both with open carry events that sparked tons of controversy that would have otherwise gone unnoticed had these "support protestors" not shown up in the first place. When we carry a pistol, we know that there should only be one reason it leaves the holster in public. In fact, as far as I understand it, to take it out and have hands on it is the act of "brandishing" and is considered illegal in most legal carry states(unless it is being brandished for defense of course). So my question is, why do these "open carry advocates" feel it is ok to brandish a rifle at these events? Furthermore, let us ponder this: If this demonstration had not been planned, and these two gentlemen showed up by themselves, with no prior announcement, and had hands on weapons, would we not as legal carry permit holders(or constitutional carry for states that have it) have the authority, if not obligation to draw on them? If an LEO was present in this building, and these two gentlemen showed up, hands on weapons, unannounced, would he not also draw on them, and possibly not what for a surrender?

 

[foghorn918]

Maybe they were Bloomberg plants to make gun owners look bad.

 

[TerryKendell]

. What kind of firearms can be carried openly under the new Oklahoma law?

The state-issued permit will detail the type of pistol its holder is authorized to carry, but typically the law allows for the open carry of derringers, revolvers and semi-automatic handguns.

The pistol must have a barrel no larger than .45-caliber and must be less than 16 inches long.

No open carry of Rifles & Shoguns

 

[Matt1911]

Those are the people who give gun owners a bad reputation.
Be responsible with concealed and open carrying, don't be the a-hole that carries an AK strapped across the chest just to see if he can get into an argument about legality.
For the people that do that.... You're a douch bag.. stop with the douch baggery.

 

[Jonathan Waits]

. What kind of firearms can be carried openly under the new Oklahoma law?

The state-issued permit will detail the type of pistol its holder is authorized to carry, but typically the law allows for the open carry of derringers, revolvers and semi-automatic handguns.

The pistol must have a barrel no larger than .45-caliber and must be less than 16 inches long.

No open carry of Rifles & Shoguns

This was in texas, which allows open carry of long guns, however, I am pretty sure the state of texas doesnt allow brandishing or menacing.

 

[Fyrtwuck]

Before open carry, " brandishing" could be as simple as seeing the outline of a gun through a shirt or seeing it if your jacket blew open leaving your gun exposed for a brief instant. Open carry was intended to do away with that.

It only takes a few idiots to mess things up for everyone. Running around in public with a rifle slung across your body is just plain stupid and someone looking for attention.

 

[dennishoddy]

Just because the law says you can open carry, common sense says to conceal. You have the right in Ok and Tx to do otherwise.

Knowing I have that right makes me happy.

Seeing a tiny minority want to take it to extremes does the movement to defeat gun control no favors.

I've seen the pic of the individuals, and they fit the stereotype of what the anti gun crowd thinks all of us look like. A bunch of toothless hillbilly rednecks.

Personally, I wouldn't put it past the nanny state Bloomberg to put in some plants.

 

[poopgiggle]

So my question is, why do these "open carry advocates" feel it is ok to brandish a rifle at these events?

Because a lot of "open carry advocates" are really just attention whores who are trying to justify LOOKIT ME I GOTTA GUN WHEEEEE

 

[poopgiggle]

Maybe they were Bloomberg plants to make gun owners look bad.

Conspiracy theories are a distraction from the real issue, which is finding a way to minimize the damage caused by the dumbest 1% of the gun owning community.

Seriously, spend 10 minutes on Arfcom or /r/guns and you'll find at least 5 morons who would do something like this.

 

[Matt1911]

Or OSA...

 

[poopgiggle]

I thought that went without saying.

I remember the uproar about swine flu vaccinations being the Mark Of The Beast. That was when my faith in OSA bottomed out.


Sent from an awful iPhone app

 

[dennishoddy]

I won't put anything against the Anti gun crowd.

Harry Reid has an A+ rating in his state from the NRA. He has done tons of favors for range owners, etc. to get that rating. It has worked for him in many elections, yet he still votes to implement gun control with his party.

Their must be some ignorant people in Nevada.

I'm not slamming the NRA.

Reid knows how to manipulate the way the NRA rates folks in congress, and tales advantage of it to make his rating.

The NRA is a one issue PAC. They don't care about other issues that we all have problems with.

 

[Tech]

I was always told, yes open carry is legal, untill someone sees it and causes a disturbance.

What the eff did these nuts think was going to happen when they walked up to the counter to order holding rifles? Doubt they'd get the normal "Hi, How may we help you?" With a smile.

 

[Jonathan Brooks]

"If anybody gets the idea to open carry at a business who has decided to take a neutral stance, please don't. It just makes all of us look bad and gives fuel to gun grabbers."~Jerry Miculek

This...
I'm all for open carry, if its for self-defense. Plus there's nothing wrong with making your own small personal statement by open carrying your pistol. But an organized meeting to flood a restaurant with men with rifles will make 2A supporters look as ridiculous to those on the fence as gay pride parade participants look to Oklahomans. Especially if the restaurant is a neutral place. This only serves to lower the image of 2A supporters and make more enemies.

 

[Josh Beauchamp]

These people drive me nuts and talking to them accomplishes about as much as talking to a brick wall. They don't realize they are hurting the firearms community. The biggest argument is they are trying to "educate and desensitize" people. My take on this is it drives people away who where previously neutral. For instance, Oklahoma is a very traditional state and right, wrong, or otherwise thus state has an issue with the LGBT community. Now if a group of gay got together and decided to stage a protest and go sit in the middle of Quail Springs Mall and start making out it would offend alot of people and push people away from what they are trying to accomplish.

 

[Tech]

Well said. Great analogy!

 

[Buck]

This wasn't the proper way to take a stance, but it was completely overblown by the media. Employees from the restaurant were even taking pictures with these ding dongs. Needless to say it only takes one turd in the punch bowl to ruin the drink for everyone...

 

[dennishoddy]

 

[Jefpainthorse]

Texas law only speaks to the open carriage of handguns. Open carry of long guns is not illegal.

Brandishing is usually define as displaying in a threatening manner with some implied threat against others...as a legal charge, some motive is assigned to the action.

Michigan's law is an odd duck... print equals brandish.

So.... if your really asking if these two asshats are counterproductive to the cause... no doubt.

 

[Jefpainthorse]

I won't put anything against the Anti gun crowd.

Harry Reid has an A+ rating in his state from the NRA. He has done tons of favors for range owners, etc. to get that rating. It has worked for him in many elections, yet he still votes to implement gun control with his party.

Their must be some ignorant people in Nevada.

I'm not slamming the NRA.

Reid knows how to manipulate the way the NRA rates folks in congress, and tales advantage of it to make his rating.

The NRA is a one issue PAC. They don't care about other issues that we all have problems with.

Na, just Las Vegas. Heller gets cancelled out by the asshat Reid