Off duty police brandishing firearm.

[mecam]

Can the police legally brandish their firearm to scare off potential criminals when off duty? Or how about being confronted by punks?

[BitterVoter]

I bet they are not allowed to brandish...but the argument might be what a cop does isn't brandishing....

[Ironchef]

Can the police legally brandish their firearm to scare off potential criminals when off duty? Or how about being confronted by punks?

Of course, but it would not be brandishing if they lawfully present a firearm. Just like non-leo's, they can present firearms (loaded) to prevent great bodily harm or death of themselves or others, or to affect an arrest/detention. The only difference between them and us (sorry to use the "us vs. them" meme), is they can CCW (LEOSA) and LOC in incorporated land.

If there's no threat to them or others, and they present, then that's a different question and I'm sure calcop, eta34, or leelaw can answer more accurately. My guess is if off duty, they can't present for mere show. Another thing is that they will always have the benefit of the doubt which may or may not allow them to tell a better story to suit their handgun presentation. Also, they can show their badge, say they are LE, and if their gun is shown, it would be legal I'm guessing (538 doesn't apply to them, naturally). Also, I believe 835 says they NEVER lose the right to self defense...though I'm not sure what that means..maybe they never need to put away their gun after a threat is stopped like a civilian might have to do (and unload so they don't get a 12031 charge).

[eta34]

Basically, we are the same as you. If I fear for my life, someone else's life, or great bodily injury to any of us, I can "brandish" my weapon. If you cut me off on the freeway and act like a jerk, the law says I can point my gun at you. Only kidding...we don't have any special rules that I am aware of. In fact, many cops have lost their jobs for thinking they were special and pointing guns at people inappropriately.

Now, I will sit back and wait for the flood of anti-LEO rhetoric that is sure to come.

[Tallship]

Have you heard of the case of SDPD Officer Frank White?

[mecam]

Have you heard of the case of SDPD Officer Frank White?

Please do tell...

[Beelzy]

The LEO's have special rules for "Breaking Leather", on or off duty.

They can do it though. Just not for wanting cuts in line at the movie theater.

[sorensen440]

Just not for wanting cuts in line at the movie theater.

Yeah when I found that out I decided to make wine instead of going into law enforcement

[tyrist]

The same rules apply on or off duty there is no change. On duty we are not allowed to exhibit our firearm without a set of articulable facts...the same goes for off duty.

In my own mind I will never let anyone know I have a firearm off duty unless they are about to be receiving fire.

[mecam]

Here's a question, If you're standing on a corner and some unarmed drunk person is talking smack and walking towards you. Can you lift up your jacket and show him your holstered firearm? Does it matter if your badge is right next to your firearm?

[nick]

Now, I will sit back and wait for the flood of anti-LEO rhetoric that is sure to come.

Damn LEOs

You asked for it, and you shouldn't tempt weak souls

[tyrist]

Here's a question, If you're standing on a corner and some unarmed drunk person is talking smack and walking towards you. Can you lift up your jacket and show him your holstered firearm? Does it matter if your badge is right next to your firearm?

For your first question it would depend on numerous factors. The second one..if my badge is being displayed I am identifying myself as a Police Officer and legally now I might as well be wearing a uniform...the fact the gun is also present in a holster does'nt matter.

[mecam]

For your first question it would depend on numerous factors. The second one..if my badge is being displayed I am identifying myself as a Police Officer and legally now I might as well be wearing a uniform...the fact the gun is also present in a holster does'nt matter.

So I guess LEOs aren't required to retreat like they teach us in CCW class.

[DDT]

So I guess LEOs aren't required to retreat like they teach us in CCW class.

Is that law or just "what they have to teach?" I'd hate to be in the situation of trying to decide if I can push my son's wheelchair away from an assailant fast enough to keep from getting caught or stabbed/shot in the back.

[mecam]

Is that law or just "what they have to teach?" I'd hate to be in the situation of trying to decide if I can push my son's wheelchair away from an assailant fast enough to keep from getting caught or stabbed/shot in the back.

From what I can remember, you are required to make an attempt to retreat first.