Brandishing A Weapon
Threatening With or Using Dangerous Weapon
Although there is a right to bear arms in Utah, that right is limited in many circumstances. One of the limitations is actually threatening to use a dangerous weapon in a fight or a quarrel. Often this is referred to as brandishing a weapon. For example, if you have a concealed carry license and you flash your gun at someone who is being aggressive with you that is considered brandishing a weapon.
Difference Between Threatening Conduct and Self Defense
The law prohibits a person from drawing or exhibiting a dangerous weapon such as a gun in the presence of two or more persons in a threatening manner. The exception to this prohibition is when a person draws a dangerous weapon in self defense, that is, to prevent another’s use of unlawful force.
The issue of self-defense often becomes murky in cases involving Utah gun crimes. We have seen district attorneys charge individuals with brandishing a weapon when the defendant was simply trying to protect himself because there are always two sides to every story. We caution concealed carry permit holders to be very careful in drawing their weapon. The threat must be unequivocal for you to draw your weapon because if there is any doubt that you are doing it to prevent another’s unlawful force you could be charged with a gun crime and face jail time.
Experienced Defenders of Gun Owners
At Salcido Law Firm, we believe in the right to protect oneself. If you have been charged with brandishing a weapon in Utah, call our Utah criminal defense lawyers at 801.413.1753 for a free consultation. We want to make sure that you keep your gun rights and avoid jail time. We know how important it is that you keep your hunting privileges and otherwise the ability to protect yourself and your family. For a free half hour consultation call or email us.