So what im getting from this video is that brandishing vs defensive display is incredibly subjective. And that you would need to be able to provide an intelligent, reasonable justification for displaying, preferably with witnesses to back you up. Whenever you might be forced into an action which could land you in front of a jury of your peers, its good to be the kind, calm, polite type witnesses can describe during the incident.
@@ASPextra am I getting it right that it already counts if you verbally claim to have a gun (and you have one)? Or does it require you proving it by showing? Very interesting to me as a european where prejudices about american gun culture are commonly spread but hardly ever any actual facts. Personally, I was surprised to learn that in a country where you are allowed to open carry in some states such a maneuver could ever be considered aggravated assault.
Something I’ve noticed from studying martial arts is it’s a lot easier to deescalate when I know how to take someone apart. The ability to stay calm and reasonable has been more valuable than any fighting skills I’ve learned. This is a good reason for carrying a gun, if you have the emotional maturity for it.
The Three Amigos! I always welcome your references. One of the best movies. I'd go to Old Tucson as a kid all the time and my mom snuck us to El Guapos mansion.
I have displayed my gun twice. The first time was years ago. I had left work last and as I got to my car 2 homeless guys approached. I nade eye contact and 1 peeled off and headed up the sidewalk. The other become very animated about wanting money. The second made a button hook turn and begin approaching in what he thought was my blind side. Let them both know that I saw them both and was not having any of it. The second time was last night. A drugged nut showed up at the restaurant we were at. Was out in the parking lot screaming at the demon's tormenting him in his head. I escorted several ladies to their cars so they could leave. On one trip he approached and put his hand in his pocket. He made several quick steps and pulled something out of his pocket and started to point it at us. I drew, and realized that he pull a vap pen. I stopped my draw. Did a quick positioning check. Literally at a low ready, finger high position, support hand center of body about to engage gun. Re holstered and returned to restaurant and checked shorts, clean.... This law is to keep those safe who are only trying to defend themselves and they are in a position that if they don't act NOW they may not get a second chance.
Excellent work. The sad thing is I think you did better than most police officers in that situation. The guy would likely have been shot had it been professional law enforcement, which is an unfortunate state of affairs.
One of the best lines I have ever heard is a fight is a choice. If you don't have a choice you are doing self-defense. (Fighting is illegal in most US states).
The difference is who calls 911 first... because the one who calls first is the complainant. If you even show someone your gun to discourage them from doing something stupid, CALL 911 IMMEDIATELY, because if they call and say you threatened them with a gun, YOU will be charged with brandishing a firearm.
I take a CCW class every other year here in Tucson, just to keep up to date/refresh myself on state law. Never have I had a supposedly "professional" and "local" CCW instructor in one of those classes who knew anything about Arizona's Defensive Display statute. In fact, most of them actually claim that no such thing exists when I ask about it...
Yeah you should look into different classes to increase your abilities, CCW classes are usually catered toward beginners who have never shot or owned a gun before
We are still waiting for an appellate case giving more guidance on that statute, too. But CCW instructors should absolutely know it exists, for heavens sake.
@@suckboytony8385 "Yeah you should look into different classes to increase your abilities" Exactly! A CCW class is probably not the place to get your legal advice.
@@suckboytony8385 This is just one of the many things that I do, not the only thing. When I do take a CCW class as a refresher, though, I ask about the defensive display law on purpose. Never had an instructor yet--in a decade--who knew it even existed. Embarrassing. I usually wind up explaining it to the class on the break while the instructor goes and looks it up.
@@papimaximus95 Never said I get legal advice in a CCW class. If I need legal advice, I consult an attorney. I use it as a refresher. And it's not the only refresher training I do regularly.
I think it would be nice to have a link in the box for the video you are talking about. Dont have it just linked in the description because many of us watch from our TV's now. Thanks
I’m having a hard time understanding the difference between the examples at 2:27 and 8:02. In both instances, there’s an angry dude approaching the person for a perceived slight. In the first scenario, they’re considering it defensive display, but both agree it’s aggravated assault in the second. What made them so significantly different?
@@ASPextra Thank you for the response. I’m still not understanding specifically what it is that determines whether it’s a defensive display or intimidation, though. In both scenarios, the purpose of display seems to be in order to stop an imminent attack from occurring. Is it just that in the second scenario, he has protection of a car door and in the first, he doesn’t?
Someone getting out of their car is not an imminent attack. You can't make that determination just from them getting out of their car. Most who get out like that want to yell and holler.
@@ASPextra that seems difficult to percieve whether a person could be a threat or is just yelling and hollering. What if they come right to your window and bang on it? Like it was said in the video, you are afraid of getting into a "afraid of your life situation."
In Kansas, we don’t have a “brandishing” law. We have aggravated assault and the lawful use of force. Agg assault could be defined as the presentation or display of the means of force in the commission of a crime, while the lawful use of force is defined as the same in a defense application.
@@elendarulianreo Depends on if you were a willing participant (i.e. mutal jerkiness) flipping each other off, yelling, swerving, etc. However, one person exiting a vehicle to approach the other... that could a be line crossed to needing defense. But as they said, that could be the line for a jury to decide... after being booked, spending $50k on lawyers, etc, etc.
@@cycleboy8028 In the situation where someone gets out of their car with a baseball bat/knife or some short range tool, the answer is to drive off, not put your gun on the dash. If you're completely stuck and can't get away, then that might be reasonable. If they get out of their car with a gun, you're either driving away or you're in a gunfight.
@@elendarulianreo Agreed. Stuck in traffic as they are exiting is different than you both stopped on street or in parking lot. Drive off if able. But if stuck, defensive display would apply.
In Spain there aren´t similar guns laws and the self defense laws are a bit similar similar. If you push someone and he throws a punch and you punch him; both will lose isn a trial because it´s a consensual fight
I think saying "Man you're right fuck me man" sarcastically like that would push some people over that edge to where they would get more aggressive. A "hey man I'm sorry about that" would do much better.
Depends on your state, but generally a sheathed knife is not considered displayed but sheathed. So unless someone was doing something with that sheathed knife to threaten, I would say it's doubtful.
If your definition of large is reasonably close to mine, any large blade would be illeagal to carry in most places (like butterfly knives, everyone thinks the second I'd just about guns, many blades are banned in strong WA states even
@@abstractapproach634 Depends on the state. In Delaware, you need a CCDW to carry a fixed-blade knife or any knife over 3". In Pennsylvania, you can carry whatever you want as long as it's not double-edged or a switchblade intended to be used as a weapon. I often see people with large knives on their belt.
(I live in Tucson) I open carry most of the time and it seems that I have had zero verbal confrontations with undesirables. When I conceal carry it seems that I have to use my brain and wits to extricate myself from situations that I did not choose. Would open carry be considered "Defensive Display"?.......or when would open carry be considered aggravated assault?
I just got charged with assault by means of dangerous weapon in something like this I was walking across the street and this young girl beeped at me we had words she said I’ll be back I got something for you and then came back with 6-7 people and I brandish my firearm in a low ready in self defense and then took the steps to call the police and they came and arrested me in Boston even tho I had a License to carry unrestricted so I’m able to carry concealed and large capacity, so that charge got dropped
John, does the law require that a defender is actually experiencing the somatic responses of fear to truthfully claim "I was in fear for my life because he was swinging a machete inches from my face."? Is it enough to be able to articulate the reason for defending myself? Asking because I'm a bit of a "flat-affect" person.
To be "in fear of" doesn't necessarily mean you experienced the emotion of fear. It means "I perceived that threat because of this evidence and was convinced that the threat was real, and that I had to act in the manner I did to stop that threat."
I have several un-obvious medical conditions which if I am thrown to the ground or struck in the head could cause me to have a stroke or die. Because of this I will have to draw much sooner than the average person or those with a clear medical history.
So what would be the difference between displaying and open carry? If open carry then it’s being displayed and shouldn’t be a threat to anyone unless they pose a threat
Almost all states have in their statutory law a carve out for a gun carried in a holster on the waist or the like. So that's carrying, not displaying. Great question!
the rule needs to be simple ... someone commits a crime they have ONE WAY to earn the favor of the court that they shouldnt have been shot -- prone out spread eagled unmoving waiting for police to come secure them... if should be taught in school as a part of gym and govt and other classes (and to get a DL or vote or any other official opportunity to gain a crucial life skill) til its the most well known reaction to save your own life... then PRESTO cops also have a massive easing of was-it-justified shootings BCS EVEN THEY get more clear on what constitutes cooperation
So then, what is assault? It must be extremely broad……. Maybe we need to get our politicians to define it a little more. How can setting a gun on the dash be assaulting someone. Doesn’t something have to be done to a person other than something being in their window of vision?
Aggravated assault is the act of putting someone at reasonable apprehension that you have put them at willful risk of death or great bodily harm. It's well documented.
Idk which this is considered but i pulled my gun out , didn’t point it, one time when my neighbor was being followed by a crack head. He swiftly went away
![ทุกครั้งที่หลับตา (Lucid Dream) - AYLA's [ Official MV ]](http://i.ytimg.com/vi/4i1OBAQyv58/mqdefault.jpg)
So what im getting from this video is that brandishing vs defensive display is incredibly subjective. And that you would need to be able to provide an intelligent, reasonable justification for displaying, preferably with witnesses to back you up. Whenever you might be forced into an action which could land you in front of a jury of your peers, its good to be the kind, calm, polite type witnesses can describe during the incident.
I think you have it correct!
Three Amigos: “you have a plethora of piñata’s”
Or just be a cop then you can pretty much brandish at or shoot whoever you want and get some vacation time.
@@ASPextra am I getting it right that it already counts if you verbally claim to have a gun (and you have one)? Or does it require you proving it by showing? Very interesting to me as a european where prejudices about american gun culture are commonly spread but hardly ever any actual facts. Personally, I was surprised to learn that in a country where you are allowed to open carry in some states such a maneuver could ever be considered aggravated assault.
@@jonash5320depending on the state, yes just announcing verbally that you have a gun can be considered brandishing and used against you.
Something I’ve noticed from studying martial arts is it’s a lot easier to deescalate when I know how to take someone apart. The ability to stay calm and reasonable has been more valuable than any fighting skills I’ve learned. This is a good reason for carrying a gun, if you have the emotional maturity for it.
The confidence that you have margins for success comes from competence.
Spot on 200% true statements.
So basically, we need to be a sane, sober, moral, and prudent person
And not be in a Major city when it takes place.
1:15 Si, El Guapo. The world contains a plethora of stupid. Also: "What is tequila?" "Uh, it's like beer". The Three Amigos is a great movie.
So true. Hard to beat 1980s Steve Martin, Chevy Chase and Martin Short. Comedy gold!
The Three Amigos! I always welcome your references. One of the best movies. I'd go to Old Tucson as a kid all the time and my mom snuck us to El Guapos mansion.
I had no idea that it was in Tucson!
I have displayed my gun twice.
The first time was years ago. I had left work last and as I got to my car 2 homeless guys approached. I nade eye contact and 1 peeled off and headed up the sidewalk. The other become very animated about wanting money. The second made a button hook turn and begin approaching in what he thought was my blind side. Let them both know that I saw them both and was not having any of it.
The second time was last night. A drugged nut showed up at the restaurant we were at. Was out in the parking lot screaming at the demon's tormenting him in his head. I escorted several ladies to their cars so they could leave. On one trip he approached and put his hand in his pocket. He made several quick steps and pulled something out of his pocket and started to point it at us. I drew, and realized that he pull a vap pen. I stopped my draw. Did a quick positioning check. Literally at a low ready, finger high position, support hand center of body about to engage gun. Re holstered and returned to restaurant and checked shorts, clean....
This law is to keep those safe who are only trying to defend themselves and they are in a position that if they don't act NOW they may not get a second chance.
Excellent work. The sad thing is I think you did better than most police officers in that situation. The guy would likely have been shot had it been professional law enforcement, which is an unfortunate state of affairs.
@@vikramgupta2326Your statistical sense is garbage.
@@vikramgupta2326yeah if the cops got a report he had a weapon they would have shot him there for sure but he didn’t know so he didn’t shoot
Three Amigos!! One of my favorite movies ever!!
One of the best lines I have ever heard is a fight is a choice. If you don't have a choice you are doing self-defense. (Fighting is illegal in most US states).
Love em! Keep em coming! Thanks John and Tim
The difference is who calls 911 first... because the one who calls first is the complainant.
If you even show someone your gun to discourage them from doing something stupid, CALL 911 IMMEDIATELY, because if they call and say you threatened them with a gun, YOU will be charged with brandishing a firearm.
Remember that CAN be overcome, but it sets first impressions for sure.
Thanks for this video. Just two days ago I was researching this topic as it applies in the state of Missouri.
What about verbally warning somebody you're armed. Is that a viable non lethal self defense tactic when you see a potential threat appear?
It can have a place, but depends on state and circumstances.
In the communist states of the northeast you would be sent straight to jail--or worse--Riker's Island! California gets mention here also.
Excellent discussion. Several funny tag lines too!
I take a CCW class every other year here in Tucson, just to keep up to date/refresh myself on state law.
Never have I had a supposedly "professional" and "local" CCW instructor in one of those classes who knew anything about Arizona's Defensive Display statute.
In fact, most of them actually claim that no such thing exists when I ask about it...
Yeah you should look into different classes to increase your abilities, CCW classes are usually catered toward beginners who have never shot or owned a gun before
We are still waiting for an appellate case giving more guidance on that statute, too. But CCW instructors should absolutely know it exists, for heavens sake.
@@suckboytony8385 "Yeah you should look into different classes to increase your abilities"
Exactly! A CCW class is probably not the place to get your legal advice.
@@suckboytony8385 This is just one of the many things that I do, not the only thing.
When I do take a CCW class as a refresher, though, I ask about the defensive display law on purpose. Never had an instructor yet--in a decade--who knew it even existed.
Embarrassing.
I usually wind up explaining it to the class on the break while the instructor goes and looks it up.
@@papimaximus95 Never said I get legal advice in a CCW class. If I need legal advice, I consult an attorney.
I use it as a refresher. And it's not the only refresher training I do regularly.
Excellent!
And we trimmed the hedges of many small villages!
Love the videos. Could you do one about legal ramifications of being a Good Samaritan?
I think it would be nice to have a link in the box for the video you are talking about. Dont have it just linked in the description because many of us watch from our TV's now. Thanks
Thank you John active self protection another great video ❤
I’m having a hard time understanding the difference between the examples at 2:27 and 8:02. In both instances, there’s an angry dude approaching the person for a perceived slight. In the first scenario, they’re considering it defensive display, but both agree it’s aggravated assault in the second. What made them so significantly different?
Purpose to intimidate.
@@ASPextra Thank you for the response. I’m still not understanding specifically what it is that determines whether it’s a defensive display or intimidation, though. In both scenarios, the purpose of display seems to be in order to stop an imminent attack from occurring. Is it just that in the second scenario, he has protection of a car door and in the first, he doesn’t?
Someone getting out of their car is not an imminent attack. You can't make that determination just from them getting out of their car. Most who get out like that want to yell and holler.
@@ASPextra that seems difficult to percieve whether a person could be a threat or is just yelling and hollering. What if they come right to your window and bang on it? Like it was said in the video, you are afraid of getting into a "afraid of your life situation."
John is looking more and more like Mountain Man.
In Kansas, we don’t have a “brandishing” law. We have aggravated assault and the lawful use of force. Agg assault could be defined as the presentation or display of the means of force in the commission of a crime, while the lawful use of force is defined as the same in a defense application.
Yeah we don’t have brandishing in AZ either.
Interesting that putting your gun on the dash is aggravated assault. I genuinely didnt think that would be considered illegal.
There may be unlikely circumstances where that is reasonable, but as part of a road rage incident? Never.
@@elendarulianreo Depends on if you were a willing participant (i.e. mutal jerkiness) flipping each other off, yelling, swerving, etc. However, one person exiting a vehicle to approach the other... that could a be line crossed to needing defense. But as they said, that could be the line for a jury to decide... after being booked, spending $50k on lawyers, etc, etc.
@@cycleboy8028 In the situation where someone gets out of their car with a baseball bat/knife or some short range tool, the answer is to drive off, not put your gun on the dash. If you're completely stuck and can't get away, then that might be reasonable. If they get out of their car with a gun, you're either driving away or you're in a gunfight.
@@elendarulianreo Agreed. Stuck in traffic as they are exiting is different than you both stopped on street or in parking lot. Drive off if able. But if stuck, defensive display would apply.
I can remember the days when you'd see a pickup with rifles or shotguns in the back window.
Love the videos as always John! Thank you.
BTW, Jack Black called. He wants his look back😂
I never thought my spear and shield analogy would become so prevalent. Lol
Lawyer couldn't get a word in edgewise.
Solid advice!
Awesome video, as always.
THREE AMIGOS
When my students ask "can i shot him", my response is the question you should ask is "MUST I shot him".
Well... you can say plethora since you're now looking more and more like El Guapo (lol)
BAHAHAHAHAHAHAHA
The cops and citizens need to be educated in self defence and gun usage. Criminals do not give a shit. Criminals do not follow the laws.
In Spain there aren´t similar guns laws and the self defense laws are a bit similar similar. If you push someone and he throws a punch and you punch him; both will lose isn a trial because it´s a consensual fight
I think saying "Man you're right fuck me man" sarcastically like that would push some people over that edge to where they would get more aggressive. A "hey man I'm sorry about that" would do much better.
Depends I suppose. If he’s mad enough to tell me fuck you, it’ll sometimes reset his brain in a way that a normal apology won’t.
Si El Guapo, you have a Plethora!
I still don't know what defensive display is after watching this.
I think it's a gray area.
Would sheathed open carry of a large defensive blade be considered somehow threatening or otherwise?
Depends on your state, but generally a sheathed knife is not considered displayed but sheathed. So unless someone was doing something with that sheathed knife to threaten, I would say it's doubtful.
If your definition of large is reasonably close to mine, any large blade would be illeagal to carry in most places (like butterfly knives, everyone thinks the second I'd just about guns, many blades are banned in strong WA states even
Is not I'd 2A not WA,
@@abstractapproach634 Depends on the state. In Delaware, you need a CCDW to carry a fixed-blade knife or any knife over 3". In Pennsylvania, you can carry whatever you want as long as it's not double-edged or a switchblade intended to be used as a weapon. I often see people with large knives on their belt.
Anyone have a link to the video they're referencing?
We have it linked in the description. :)
(I live in Tucson) I open carry most of the time and it seems that I have had zero verbal confrontations with undesirables. When I conceal carry it seems that I have to use my brain and wits to extricate myself from situations that I did not choose. Would open carry be considered "Defensive Display"?.......or when would open carry be considered aggravated assault?
A gun in a holster is not displayed but carried in a holster. It’s holstered.
El Juapo Approves.
Three amigos
Yeah I'm not paying anybody to avoid a fight.
I mean, your ass kicking not mine.
hell ya another amazing video man, wonder how many people saved themselves an aggravated assault charge lol
I just got charged with assault by means of dangerous weapon in something like this I was walking across the street and this young girl beeped at me we had words she said I’ll be back I got something for you and then came back with 6-7 people and I brandish my firearm in a low ready in self defense and then took the steps to call the police and they came and arrested me in Boston even tho I had a License to carry unrestricted so I’m able to carry concealed and large capacity, so that charge got dropped
Very well said! Life is precious! I hope or wish firearms didn't become weapons.
John, does the law require that a defender is actually experiencing the somatic responses of fear to truthfully claim "I was in fear for my life because he was swinging a machete inches from my face."? Is it enough to be able to articulate the reason for defending myself?
Asking because I'm a bit of a "flat-affect" person.
To be "in fear of" doesn't necessarily mean you experienced the emotion of fear. It means "I perceived that threat because of this evidence and was convinced that the threat was real, and that I had to act in the manner I did to stop that threat."
Using alcohol for self defense. Good job.
"Forgive me, El Guapo. I know that I, Jefe, do not have your superior intellect and education..."
EL GUAPO!
How about the peaceful transition from concealed to open carry?
Hmmm. Interesting. So I bet if you have an standby empty open carry holster, and transition you can make a good case.....
is open carry considered brandishing/wv ??
No.
I have several un-obvious medical conditions which if I am thrown to the ground or struck in the head could cause me to have a stroke or die. Because of this I will have to draw much sooner than the average person or those with a clear medical history.
@asp : please look for the video of the young man who tried to dump a pail of water on the senior citizen who brandished in self
Defense
We have it in our to-do pile. Thanks!
So what would be the difference between displaying and open carry? If open carry then it’s being displayed and shouldn’t be a threat to anyone unless they pose a threat
Almost all states have in their statutory law a carve out for a gun carried in a holster on the waist or the like. So that's carrying, not displaying. Great question!
Buy them a drink who knows u might make new friends which is better then ENEMIES
If you're not okay with explaining after the fact to the police why you displayed your firearm then you really shouldn't be displaying it all.
Would you say I have a plethora of pinatas
language!!
the rule needs to be simple
... someone commits a crime
they have ONE WAY to earn the favor
of the court that they shouldnt have been shot
-- prone out spread eagled unmoving waiting for
police to come secure them... if should be taught
in school as a part of gym and govt and other classes
(and to get a DL or vote or any other official opportunity
to gain a crucial life skill) til its the most well known
reaction to save your own life... then PRESTO cops
also have a massive easing of was-it-justified
shootings BCS EVEN THEY get more clear
on what constitutes cooperation
I think that dancing with the dude’s girlfriend & then saying how beautiful she is may serve to set the boyfriend off!
So then, what is assault? It must be extremely broad…….
Maybe we need to get our politicians to define it a little more.
How can setting a gun on the dash be assaulting someone. Doesn’t something have to be done to a person other than something being in their window of vision?
Aggravated assault is the act of putting someone at reasonable apprehension that you have put them at willful risk of death or great bodily harm. It's well documented.
I am sick of your guy in the truck story, dude was having a bad day.
Be sick of it then.
Probably need to see a Dr.
It's so weird to me that citizens are held to a higher standard than police.
It's not higher. It's different.
Your lighting is poopy for somebody who has a million $ business.
Says the man wearing a cat for a hat....
You never have to worry about this part if no one talks 🤫 😂
Are Gringos falling from the sky???
I love your videos but the beard needs to go and hair needs grooming. Looking old and homeless
Your mom likes it.
Pinatas, what do I win?
You win 10 internets.
Idk which this is considered but i pulled my gun out , didn’t point it, one time when my neighbor was being followed by a crack head. He swiftly went away
Just being followed? Like, dude was walking behind him? Was he threatening him?
@@ASPextra it was a female screaming “leave me alone” and he wasn’t stopping .
I think you're walking a thin line there, but tie goes to the runner.
@@ASPextra next time I’ll just let him r**e her. Don’t wanna upset the lawmen.
Did you have objective, reasonable evidence that his intent was to rape her? Or that his intent was to do her great bodily harm otherwise?