So, police are OK with brandishing weapons?

[jednp]

http://www.wcax.com/Global/story.asp?S=5953536&nav=4QcS

Tough Guy Actor Brandishes Gun To Defend Daughter In Stowe

Stowe, Vermont -- January 17, 2007
Hollywood tough guy Paul Sorvino became a real-life tough guy two weeks ago while vacationing in Stowe with his daughter.
Paul Sorvino, 67, has earned international acclaim for for his no-nonsense, tough-guy roles in scores of Broadway, television, and Hollywood productions, including a major part in Martin Scorcese's "Goodfellas".
But that was all just acting until two weeks ago when he and his daughter Amanda, 36, vacationed in Stowe.
She was surprised at one in the morning by her ex-boyfriend Daniel Snee, 21. The couple had broken up earlier that evening but Snee showed up again later outside her motel room, pounding on the door, very drunk, and threatening to kill her, according to police.
"She called the police and her father and we responded to the scene," explained Ken Kaplan, Stowe Police Chief.
"The father arrived about a minute and a half or so before we did. Mr. Sorvino did in fact brandish a firearm and did not aim it at him, did not direct it at him and did not threaten him. Just told him that to stay away from my self and my daughter and police will be here momentarily to deal with you," Kaplan explained.
Sorvino is permitted to carry the concealed weapon in his home state of Pennsylvania because he is he is a county deputy sheriff. But even if he wasn't a sheriff, in Vermont he and all other adults who are not felons are legally permitted to carry concealed guns anywhere, except in state or federal buildings or schools.
"He was there as a concerned parent. The fact that he had a firearm. Now, if he had aimed it at him and threatened to do something well, who knows what would have happened under those circumstances? But certainly in this case he did nothing more than basically brandish a firearm and never aimed it at him," says Chief Ken Kaplan.
This week a judge in Pennsylvania ordered Daniel Snee to stay away from Amanda Sorvino for at least three years. And right now there's no danger he'll go near her anyway because he's being held in a Vermont prison, charged with domestic assault on a thousand dollars bail pending trial.
Brian Joyce -- Channel 3 News

Now don't get me wrong, I personally have no problem with someone brandishing a weapon if it means getting an agressive person to stop what they are doing. But I know in my CCW class, and in many others classes you are told that brandishing is against the law. In fact, in Nebraska brandishing is considered using deadly force. Even if you don't point the gun at someone. So why are the cops in this story so OK with the fact that he brandished a weapon? is it because he's "well known", or because he's an actor? rich? famous? Would you or I be treated differently in this situation? I'm willing to bet that we would be. Unless laws in the state where this happened, allow you to brandish a weapon to stop a threat. I know many states don't allow you to do that.

[jednp]

hmm, so it appears people are confused. I am told in the rules and regulations that you aren't suppose to show your weapon unless it is for the purpose of using it. Meaning you are pulling your gun out to actually use it.

After reading the definition of deadly force in NE, I think my ccw instructor and the state patrol are wrong in what they have taught to us. This is the definition of deadly force. Now don't get me wrong, this doesn't mean you can show your weapon because someone called you a name. but if you believe deadly force to be neccesary at that time, it sounds like it's perfectly ok to brandish a weapon to show someone that you will use deadly force if you have to... but only when knowing deadly force is justified.

(3) Deadly force shall mean force which the actor uses with the purpose of causing or which he knows to create a substantial risk of causing death or serious bodily harm. Purposely firing a firearm in the direction of another person or at a vehicle in which another person is believed to be constitutes deadly force. A threat to cause death or serious bodily harm, by the production of a weapon or otherwise, so long as the actor's purpose is limited to creating an apprehension that he will use deadly force if necessary, shall not constitute deadly force;

[Fennellco]

Originally Posted by jednp

Would you or I be treated differently in this situation? I'm willing to bet that we would be.

You bet your paycheck we would be- At least where I'm from-

[jednp]

that's kind of what I thought. Even if I were justified in doing so, I think I'd be treated like a criminal who did something wrong.

[deapee]

heh

[tcmixman]

I am about to take a CCW class and I will bring it up. I also have enough lawyer clients to learn that law is all about interpretation. The more money you have, the better your "people" can interpret it...

PS: The fact that he is a deputy may have helped. Celebrity or not, LEO's stick together. Makes we want to volunteer as one just for the benefits. Lol

[BoomerBSG]

Originally Posted by tcmixman

I am about to take a CCW class and I will bring it up. I also have enough lawyer clients to learn that law is all about interpretation. The more money you have, the better your "people" can interpret it...

PS: The fact that he is a deputy may have helped. Celebrity or not, LEO's stick together. Makes we want to volunteer as one just for the benefits. Lol

oh no kidding! i was friends with a sheriff once a good while back. we got in his car to go to Frys electronics. i swear he didnt stop for one light, hauled ass 80 in a 35mph zone and everything.
we got pulled over on the way back, he flashed his badge.. and peeled out while the other cop was walking back to his car.
LOL gotta love it eh?

cheers

[AKM]

Laws vary by state. Make sure you know the laws where you live.

In AZ the law is very specific on brandishing. You may brandish a firearm in defense of self or others, or in defense of property. So you can legally point a firearm at somebody breaking into your car. But you may not shoot them unless you're in the car at the time.
.

[Mercmar]

Originally Posted by jednp

http://www.wcax.com/Global/story.asp?S=5953536&nav=4QcS



So why are the cops in this story so OK with the fact that he brandished a weapon?

Probably because the cops in Sorvino's jurisdiction understand the meaning of "brandishing" better than you apparently do.

[Mike TRT]

Originally Posted by AKM

Laws vary by state. Make sure you know the laws where you live.

this is very true, all states are different when it comes to this sort of thing, as far as the "star status", I dont know many (if any) LEO's that give a crap who somebody is........The idea of a copper being "star struck" is kind of silly, if a famous person gets off after an arrest, either by some hotshot lawyer or by other means, is one thing, but stars and ahletes get locked up all the time, personally it makes no difference if I lock up Tom Cruise or Tom Cruz..........we don't really give a sh*t who people are