to keep people off of my land!

[Fuddy1952]

If you don't want people driving down your driveway, all you need is a 2x4 (sharpen one end to drive in ground), old nails, and a scrap of plywood about 3ft x 4ft. The junkier looking the better. Slop white paint on it. Start of drive, pound it in crooked.
When paint dries, take a 1" brush & red paint..."No TrepSassin" on it, lettering it crooked, paint runs. Lay an empty bottle of whiskey at base of it.
Shoot your 12 gauge at random times about once a week.
That's how we do it down South.

 

[txdon]

In Michigan, I was told by a CPL instructor that just lifting your shirt [ or something to the same effect ] and showing your holstered weapon is also brandishing......

Taken from my link above:
"The key element of the criminal threatening law, for example, appears to be not the state of mind of the person making the threat but the emotional state of the target of the threat. If the person is scared enough, then the person making the threat is guilty.

I can see If you are yelling at someone and then pulling up your shirt to show your pistol someone would definitely be threatened. I agree with your instructor.

 

[radios1]

Taken from my link above:
"The key element of the criminal threatening law, for example, appears to be not the state of mind of the person making the threat but the emotional state of the target of the threat. If the person is scared enough, then the person making the threat is guilty.

I can see If you are yelling at someone and then pulling up your shirt to show your pistol someone would definitely be threatened. I agree with your instructor.

then LEO's would be charged.. if a person feels threatened on their own property, they can use the necessary force to counter that threat.. if a valid reason exists to threaten someone with deadly force, that is allowed..

 

[txdon]

then LEO's would be charged.. if a person feels threatened on their own property, they can use the necessary force to counter that threat.. if a valid reason exists to threaten someone with deadly force, that is allowed..

Leo's can be charged if they did what he did. In the example given about the holstered gun, #1 it was waved not holstered, #2The gun wavier ran after the lady, he does not sound threatened, in fact he was mad because of what the lady mouthed. The jury got it right, if that is what really happened.

It's all in the details. It can go either way depending on each circumstance and any change of events.

If a LEO waved he gun to scare someone asking directions he would probably lose his job and be sued and his agency would be sued for not training him correctly and the city would be sued also.

A LEO just walking with a holstered gun is normal and should not scare anyone, unless he starts acting crazy.

 

[hunt4570]

Unloaded toward the trespasser?

I would guess I can, and I do, walk around MY property with my pistol holstered AND sometimes unholstered and in my hand! After all, if I'm walking around my property with a shotgun or rifle, nieither one of those are holstered!!

 

[hunt4570]

If you don't want people driving down your driveway, all you need is a 2x4 (sharpen one end to drive in ground), old nails, and a scrap of plywood about 3ft x 4ft. The junkier looking the better. Slop white paint on it. Start of drive, pound it in crooked.
When paint dries, take a 1" brush & red paint..."No TrepSassin" on it, lettering it crooked, paint runs. Lay an empty bottle of whiskey at base of it.
Shoot your 12 gauge at random times about once a week.
That's how we do it down South.

Always amazes me people consider Virginia the south..

 

[paulfun9]

If I am walking around my own property with a gun in my hand that is my right!

If you don稚 don稚 need to be scarred of me or it unless you plan on attacking me. If you are offended or scarred because it痴 in my hand while I approach you on my posted propert then you should not have entered the property illegally to begin with.

My thought on the brandishing is that the man charged made the mistake of talking to a cop before talking to his lawyer

 

[Fuddy1952]

Always amazes me people consider Virginia the south..

Wife and I born, lived in Virginia all our lives, Richmond was the South's capital during the War Of Northern Aggression. I guess we've been mistaken all this time.
You mean...say it isn't so... we're yanks!

 

[Molalla1]

Wife and I born, lived in Virginia all our lives, Richmond was the South's capital during the War Of Northern Aggression. I guess we've been mistaken all this time.
You mean...say it isn't so... we're yanks!

We're AMERICANS . . . all of us! . . .

 

[Fuddy1952]

We're AMERICANS . . . all of us! . . .

Yes you're correct. Even if you live in Argentina you're an American (South American). Virginia is part of the South though.