I understand the advantage that a WL provides in confirmation of a target. With the light being attached to the gun though doesn’t that pose a legal problem when it is pointed at a target and activated?
What legal problem would that be?
Brandishing a firearm.
If it’s being pointed at a target it’s being pointed for a reason. Walking out of your house and waving a gun around in your neighborhood, that’s brandishing, and I don’t think it will matter whether you have a light on it or not.
ETA
bran·dish
ˈbrandiSH/
verb
gerund or present participle: brandishing
wave or flourish (something, especially a weapon) as a threat or in anger or excitement.
synonyms:flourish, wave, shake, wield; More
swing, swish;
display, flaunt, show off
“brandishing a sword”
But if one points it at a target that turns out to not be a threat does that pose a legal issue?
Possibly. Would you rather not have a light and have no ability to determine if it’s a threat or not? That could cause you a bigger problem then pointing your weapon at something that doesn’t need shot.
OK…so its not something to be concerned about. Thanks.
can pointing near someone be the same as pointing at them
get the right type of light beam pattern you could probably hold feet off to the side and still identity them
or make sure to blind them with the light, then they may not even know a weapon is attached all they see are spots
You have stumbled onto one of the major criticisms of a weapon mounted light - that in many instances you are pointing a loaded gun at something you do not wish to destroy. That is a different problem for another thread.
For your problem, get a light bright enough they cannot see it is attached to the gun!
This discussion is why I have a hand held light and no pistol mounted light.
But…an AR is a different animal. Not exactly a situation where you can also carry a hand held light and be effective.
This is interesting. I don’t know what to say to someone who worries more about a brandishing charge than the possibility of shooting their wife.
I’m thinking HD here.
Even still, I have trouble imagining how this is a practical concern.
Weapon mounted lights are legally acceptable since you are going to need to see, or discriminate rather, what your target is.
In an HD situation, if you are clearing your house with a weapon mounted light and you sweep someone that’s not supposed to be there, thats reasonable and perfectly legal. If you are walking your dog outside and using your gun light for a flashlight, not reasonable.
If you mean in “as another person” that turns out not to be a threat, then possibly yes. You may want to check into your local or state laws concerning weapons handling. In WI, the firearm can be loaded or unloaded, and you could be charged with negligent handling of a firearm endangering the safety of others, which is a misdemeanor. The firearm will also be taken and destroyed as it was involved in the act of a crime. It does not matter if your actions were intentional or unintentional. If the person you are pointing at believes your intentions could cause them harm, and calls law enforcement personnel you may be arrested, or subpoenaed to court to account for your actions.
I guess I could see a potential problem if you’re a person so on edge that you’re pointing your gun at every shadow, noise, or person you encounter in the dark. If I’m in my home, it’s only my wife and I, so I’m not concerned in that instance. If I’m out in a CCW situation there are many factors that would determine whether I pull my weapon or not. Situational awareness, environment, instincts, and voice commands will all play a factor in determining a potential threat to me. As mentioned different states have different laws. I imagine though if you can reasonably articulate why you thought the situation you were in warranted pointing your gun and illuminating a potential target, you most likely won’t end up in jail.
This discussion is why I carry a handheld light in addition to a weapon mounted one.
A possibility, but if your actions are based on your reasonable belief that you were in danger you can claim self defense under WI’s self defense statute (939.48). Depending on a number of factors, this could play out in court, or wherever the incident took place. And that can determine how long it takes to get your gun back.
From legis.wi.gov (State Legislature’s online annotated statutes), searched under “intentionally pointing”:
Although intentionally pointing a firearm at another constitutes a violation of s. 941.20, under sub. (1) a person is privileged to point a gun at another person in self-defense if the person reasonably believes that the threat of force is necessary to prevent or terminate what he or she reasonably believes to be an unlawful interference. State v. Watkins, 2002 WI 101, 255 Wis. 2d 265, 647 N.W.2d 244, 00-0064.
-from statute 939.48 Self Defense
Sounds Perfectly reasonable to this Cat.
I agree and do as well. The OP was based around a WL only scenario, so that’s what my thought process is based on.
I think your earlier post was excellent.
I suppose my earlier post should read that, if I’m carrying a weapon mounted light, I carry a handheld one, too. No wml, I’m still carrying a handheld.
Thanks. I should also say I don’t always carry a handheld, but I do always have a WML.