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Brandishing A Firearm In California

Brandishing makes it illegal to draw or display a weapon in a rude, angry, or threatening manner except in lawful self-defense. California Penal Code 417(a)(2) states in part: “Every person who, except in self-defense, in the presence of another 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…” The accidental display of a firearm with no intent to threaten does not count as brandishing. People v. Escarcega (1974) found that “brandishing” includes displaying a weapon in a manner intended to be seen, even if not pointed directly at someone.

 
 
 

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