In the 1980’s, Dr. Larry P. moved to Florida from Haiti where he became respected among the Miami medical community.
Around 8 p.m. one evening, the doctor was at home with his two kids and a friend when someone started pounding on the front door.
Since Larry wasn’t expecting anyone, and had previously been the victim of a burglary, he grabbed his shotgun and went outside to investigate.
“I feared for my family, my house had been robbed before and I was fearful for my family because it was somebody trying to break in violently on my door,” said Larry.
But when Larry went outside the police arrived and arrested him for improperly displaying a firearm.
His neighbors had allegedly expressed concerns to police that Larry had been waving the gun around when children were nearby.
Larry said that if the police had viewed his surveillance footage, they would have seen that wasn’t the case.
“I’m a man who has led, I’ve led my life to be a role model, and I do everything right. I go by the book,” said Larry.
Two months after his arrest, prosecutors dropped the charges against Larry, saying there was no proof he pointed the gun at anyone or displayed it in a threatening way.
After the entire ordeal, Larry sued the police department.
“I’m suing for justice because I don’t want it to happen to somebody else,” said Larry. “I believe in justice, I believe that my house is my sanctuary.”
“I was left confused,” He said. “I was hurt and traumatized.”
Some neighbors argued that Larry was in the wrong, one neighbor even saying he should have waited inside for the police to arrive.
Larry argued that his arrest affected his business and partnership with the University of Miami.
This is an unfortunate situation, but it could happen to anyone.
If someone is pounding on your front door it would be reasonable to react like Larry did.
But there is a fine line between reacting in self-defense and improperly or illegally brandishing or misusing a firearm.
What is brandishing a firearm?:
I’m no lawyer, and the exact definition can vary from state to state, but generally, brandishing a firearm is openly displaying a firearm that threatens or intimidates others.
There are other factors such as the intent of the person and the perception of others who witnessed it.
For instance, if a witness interprets the display of the gun as a threat it could be considered brandishing.
Depending on the jurisdiction, brandishing a firearm could be a misdemeanor or a felony.
In many places, prosecutors must show that the person intended to create fear or intimidate others.
How this relates to self-defense:
I know a lot of folks like to open-carry their gun.
It’s legal in many places and there is nothing wrong with it.
But some dishonest fool could accuse you of brandishing.
All it takes is for some gun-hating lunatic to say they are scared or intimidated by the gun.
Again, I’m all for supporting the 2nd Amendment and the right to open carry if it’s legal.
But one person can make an allegation and turn open carry into a big headache and waste of time.
Reasonable force:
When it comes to self-defense laws you will often hear the term “reasonable force.”
The reality is, if you carry a firearm for self-defense, you shouldn’t draw it unless you are justified to do so.
Introducing a firearm should be a last resort when there is no other option.
You need to meet the threat with the level of force the law allows.
This is why it’s critical to know the laws where you are at.
Study your state’s use of force laws so that you know what you can and cannot do.
This will help limit the chances of being wrongly accused of brandishing a firearm.
Local advice:
I’m not a lawyer (obviously), so you should contact a local attorney to ask about specific laws where you live.
For instance, in some states brandishing a firearm in public such as a park can lead to additional criminal charges.
It’s also a good idea to take training classes that teach you the specific laws in your state.
A local gun shop will likely offer these types of training classes.
The bottom line is, brandishing a firearm can lead to serious criminal charges.
The key is to remember that you should never draw a gun to intimidate or threaten another person.
Only draw your firearm when you are reasonably in fear for your own or someone else’s life.
But when you do draw your firearm, you must have the skill and confidence to use it to quickly end the threat to your life (or the life of your loved ones).
The best way to know that you have those skills is to drill – both “dry fire” practice and live on the range – to keep your abilities with a gun in top shape.
