Weapons and The Law

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Brandishing "to point, wave about, or display in a threatening manner with the intent to induce fear in a reasonable person." "Illegal display of a firearm" Brandishing is a misdemeanor punishable by up to 90 days in jail. Examples of brandishing include the following: Concealed to open carry for reasons other than self- defense (Note: accidental exposure is technically not brandishing, but every effort should be made to avoid this.) Waving in the air for no reason Any gestures that demonstrates the threat of firearm use when not legally justified. Aiming at someone with intent to scare - Felony Assault with a gun charge, mandatory 2 year prison sentence. 750.234e Brandishing firearm in public; applicability; violation as misdemeanor; penalty. Sec. 234e. (1) Except as provided in subsection (2), a person shall not willfully and knowingly brandish a firearm in public. (2) Subsection (1) does not apply to either of the following: (a) A peace officer lawfully performing his or her duties as a peace officer. (b) A person lawfully acting in self-defense or defense of another under the self-defense act, 2006 PA 309, MCL 780.971 to 780.974. (3) A person who violates this section is guilty of a misdemeanor punishable by imprisonment for not more than 90 days, or a fine of not more than $100.00, or both. 750.233 Pointing or aiming firearm at another person; misdemeanor; penalty; exception; “peace officer defined.” Sec. 233. (1) A person who intentionally but without malice points or aims a firearm at or toward another person is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00, or both. (2) This section does not apply to a peace officer of this state or another state, or of a local unit of government of this state or another state, or of the United States, performing his or her duties as a peace officer. As used in this section, “peace officer” means that term as defined in section 215. (2) This section does not apply to a peace officer of this state or another state, or of a local unit of government of this state or another state, or of the United States, performing his or her duties as a peace officer. As used in this section, “peace officer” means that term as defined in section 215.