Would this be Brandishing or?

[Zartan]

So my wifes cousin took a picture on memorial day and posted it on facebook. She showed it to me the day after. He was standing in the front yard, under a flag, cigarette in mouth with an AR-15 in hand pointing up, mag in, finger off the trigger. If someone called the cops that evening, what would he be charged with? Oh and the front yard is open, no fence.

[glockman19]

NO. Brandishing also must be accompanied by either Rude, Threatening or Angry Behavior.

[xoutxkastx]

NO. Brandishing also must be accompanied by either Rude, Threatening or Angry Behavior.

Yes but the person calling can embellish a bit and the guy is screwed.

[Zartan]

ok, so he would basically be charged with dumbassery? and thanks for the clarification of Brandishing.

[bob_e95482]

The cigarette makes him 'just cocky'.

[glockman19]

Yes but the person calling can embellish a bit and the guy is screwed.

Yes Happens all the time. ANY word or utterance can be percieved by ANYONE to be rude or threatening...and, Anyone can feel threatened by a person with a firearm, knife, metal rod, stick or hammer...for any reason.

ok, so he would basically be charged with dumbassery? and thanks for the clarification of Brandishing.

No...he would likely be charged with brandishing anyway because the CA Superior courts and their Legal Members have an agenda to make firearms owners prohibited...

If you own more than one handgun, LE and the Courts find you dangerous and will ALWAYS charge you with a crime that would make you prohibited.

[bobomb]

[cabinetguy]

in california, I would not be suprised if it was considered brandishing. I doubt there would be a conviction, but nevertheless.

[RickD427]

NO. Brandishing also must be accompanied by either Rude, Threatening or Angry Behavior.

This^^^^^^

Here's what the law says, excerpt from Penal Code section 417:

"Every person who, except in self-defense, in the presence of
any other person, draws or exhibits any firearm, whether loaded or
unloaded, in a rude, angry, or threatening manner, or who in any
manner, unlawfully uses a firearm in any fight or quarrel is
punishable as follows..."

[high_revs]

last week as i was driving into the parking lot and getting out of the car, i saw a gun store worker who open carried. there was a mag but i don't know if it was loaded or not.

not exactly brandishing but i was surprised on the courage (i'll use that for now) of walking from car to store, with a holster and a pistol with mag inserted. there are other stores in the parking lot so it's not private.