Maybe not the precise legal definition, but In other states brandishing is displaying a weapon in a menacing or threatening manner.Beiruty wrote:Let me understand, What is brandishing in other state? Is it unjustified waving a gun in face of other for no legal reason? If so, The actor in Texas can be charged with at least a disorderly conduct or maybe a assault with a deadly weapon (not sure...)
For example, in California Penal Code 417 states in part:
PENAL CODE - PEN
PART 1. OF CRIMES AND PUNISHMENTS [25 - 680] ( Part 1 enacted 1872. )
TITLE 11. OF CRIMES AGAINST THE PUBLIC PEACE [403 - 420.1] ( Title 11 enacted 1872. )
417.
(a) (1) Every person who, except in self-defense, in the presence of any other person, draws or exhibits any deadly weapon whatsoever, other than a firearm, in a rude, angry, or threatening manner, or who in any manner, unlawfully uses a deadly weapon other than a firearm in any fight or quarrel is guilty of a misdemeanor, punishable by imprisonment in a county jail for not less than 30 days.
(2) Every person who, except in self-defense, in the presence of any other 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 is punishable as follows:
(A) If the violation occurs in a public place and the firearm is a pistol, revolver, or other firearm capable of being concealed upon the person, by imprisonment in a county jail for not less than three months and not more than one year, by a fine not to exceed one thousand dollars ($1,000), or by both that fine and imprisonment.