Originally Posted by AIRret
I have a question. If you show your gun but do not draw it (it stays in the holster) is that brandishing?
I am the OP so thanks to all who have responded. I think THIS ^ is key and think it may need to be made a separate post even though it is likely to be different on a state-by-state basis. Go for it AIRret if you choose.
I have been remiss in not rereading Florida's statute as there have been some recent changes. In a quick search of the statute: http://www.leg.state.fl.us/statutes/...0790/0790.html
I do not see the term brandishing mentioned or defined (may have missed it).
Perhaps this is what covers it:
790.001 Definitions.—As used in this chapter, except where the context otherwise requires:
(2) “Concealed firearm” means any firearm, as defined in subsection (6), which is carried on or about a person in such a manner as to conceal the firearm from the ordinary sight of another person.
(3)(a) “Concealed weapon” means any dirk, metallic knuckles, slungshot, billie, tear gas gun, chemical weapon or device, or other deadly weapon carried on or about a person in such a manner as to conceal the weapon from the ordinary sight of another person.
790.053 Open carrying of weapons.—
(1) Except as otherwise provided by law and in subsection (2), it is unlawful for any person to openly carry on or about his or her person any firearm or electric weapon or device. It is not a violation of this section for a person licensed to carry a concealed firearm as provided in s. 790.06(1), and who is lawfully carrying a firearm in a concealed manner, to briefly and openly display the firearm to the ordinary sight of another person, unless the firearm is intentionally displayed in an angry or threatening manner, not in necessary self-defense.
(2) A person may openly carry, for purposes of lawful self-defense:
(a) A self-defense chemical spray.
(b) A nonlethal stun gun or dart-firing stun gun or other nonlethal electric weapon or device that is designed solely for defensive purposes.
(3) Any person violating this section commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
History.—s. 1, ch. 87-537; s. 173, ch. 91-224; s. 3, ch. 97-72; s. 1205, ch. 97-102; s. 3, ch. 2006-298; s. 1, ch. 2011-145.
790.10 Improper exhibition of dangerous weapons or firearms.—If any person having or carrying any dirk, sword, sword cane, firearm, electric weapon or device, or other weapon shall, in the presence of one or more persons, exhibit the same in a rude, careless, angry, or threatening manner, not in necessary self-defense, the person so offending shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
History.—s. 1, ch. 4532, 1897; GS 3272; RGS 5105; CGL 7207; s. 5, ch. 69-306; s. 743, ch. 71-136; s. 2, ch. 76-165; s. 174, ch. 91-224.
I see references that that the Florida law has been changed - perhaps recently - to exempt the accidental or unintentional display of a holstered firearm from being considered illegal. As the to the intentional "display" of a holstered firearm in an attempt to alter an encounter, I dunno yet.
All of this in the context of - in any given situation where me (or my loved ones) safety is in question and deciding the course of action in the next second or so - I will not be running Florida statutes though my mind.