Quote:
Originally Posted by brk-lnt
I've been following this thread, and the related stories online and in the news. I've also been a big a fan of the 2nd amendment for some time as well.
You are correct that NH permits unconcealed open carry, and is basically a shall-issue concealed carry state.
Where this incident seems to get into a gray area is when Bird went from *carry* to *brandish*. I think that he is being overly prosecuted for this incident, and the punishment does not seem to fit the crime. And of course, none of us were there, so we are all speculating... My personal speculation though is that he might have over-reacted a bit. I am not sure that he truly felt reasonably threatened by this trespassing woman to warrant actually displaying a firearm.
FWIW, I've been in a similar situation to him on my own property a couple of times, including once when a couple of FBI special agents showed up looking for a previous owner of this property shortly after I purchased it. I was armed when I met them on the porch, and knew that these two guys in a big sedan didn't belong on my property, but did not immediately resort to brandishing the .45 (H&K USP-C) that was on my person.
As a gun owner and daily carryer you have (IMO) a responsibility to both brandish and use the weapon responsibly.
Overall, I support Bird and do not think a trespasser such as this woman has any case to file a claim as she did, but I also think that he would be wise in the future to not display any firearm unless he or another person on his property was being clearly threatened.
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Straight from Webster's dictionary
Definition of BRANDISH
transitive verb
1: to shake or wave (as a weapon) menacingly
2: to exhibit in an ostentatious or aggressive manner
Nobody can honestly say that he "brandished" the weapon. The lady said he was waving it in her face. Members of Wards family and I assume Ward himself, say he merely removed it from the holster, to check the safety, as he stepped into his house.
IMO here lies a large portion of the problem. Where did they prove beyond a reasonable doubt that he "brandished" the weapon and actually threatened her ?