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Discussion Starter · #1 ·
Re this thread.

Many, if not all, jurisdictions have laws against "brandishing" a weapon. It seems our new member ran afoul of such a law.

As a hypothetical question, why should brandishing as such be against the law? Now I can understand louts and thugs brandishing a weapon as intimidation or a threat, but if merely showing a weapon will stop a criminal from acting, why shouldn't a citizen concerned for his/her safety be able to do so if the other option would be to just shoot the object of fear if no avenue of escape is available? Would it be preferable to shoot/kill someone who is menacing you, or to have them leave because they see you are armed and ready to protect yourself?

Is there a difference between drawing a gun and making ready to use it and showing it to ward off a possible threat? Why? If our new poster was surrounded would he legally have to wait until the assailants actually launched an attack before he was legally able to fire upon them? That seems bizarre. He would be in the right to shoot someone who attacked him, but he can't ward off an attack by showing his weapon?

I know that showing a gun may lead to an escalation, but it can also end an attempted car jacking, robbery, or murder. Any thoughts as to why this situation resulted in jail time? In your opinion, why should it have or why shouldn't it.
 

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Discussion Starter · #6 ·
If what our poster said is the truth, it seems to me he should not have been charged or convicted of anything. If these guys meant to harm him, he seems to have been legally justified in warding off the threat in the manner he did. They left. That Virginia statute appears to mean he could legally have done what he did in Virginia. Is a self defense provision in the Georgia statutes as well?
 
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