But I meant 'brandishing' in terms of out of the holster and following the guy ... would that still be legal?
Here's the trick....laws vary by state on these things. In North Carolina, open carry means to carry the weapon so that it is visible. Brandishing is to either to draw a weapon that is openly carried OR to make show a concealed weapon.
Brandishing a weapon and following someone .... legal grey area. Two guys hunting? Sure. Two guys on the hundred acres poping off at targets? Sure. It becomes illegal when there is a conflict and brandishing is escalating the conflict.
These gun laws are so fascinating (kinda like a train wreck), and complex to this Canadian,,, so just wondering?
They are exactly like a train wreck. It's amazingly complex and there are a lot of legal grey area and it varies from state to state.
That makes ot appear that he was ambushed. How do you argue that?
1. He shouldn't have been there to begin with.
2. See point 1.
Whether GZ's life was in danger or not when he shot TM we will never know since no one can verify what whappened. Because he was breaking the first rules of carrying a weapon as a civilian, he created a situation where everyone involved lost big time.
Where I live, it is drilled into your head that someone taking a swing at you is NOT deadly force that you can respond to with a firearm. Someone takes a swing, follow the first rule, AVOID!