When it comes to firearms, the distinction between lawful possession and criminal behavior can be very unclear. One common gray area is the act of “brandishing” a weapon. Many people mistakenly believe that simply displaying a firearm is legal as long as it isn’t fired. Unfortunately, this assumption can result in serious criminal charges.
Here’s what you need to know if you live in Kansas or Missouri.
What Does “Brandishing” Mean?
In everyday language, “brandishing” refers to the act of displaying or waving a firearm in a manner that seems threatening or intimidating. Legally, although not every state uses the term “brandishing,” both Kansas and Missouri have laws that regulate the display or exhibition of firearms.
Kansas:
No Explicit “Brandishing” Law, But Still Risky. Kansas law does not contain a statute specifically titled “brandishing a firearm.” That does not mean the act is legal.
Threatening or Aggressive Displays: If a firearm is shown in a way that causes fear or intimidation, prosecutors may pursue charges under other statutes such as assault, menacing, or unlawful use of a weapon.
Self-Defense Exception: Kansas’s self-defense law allows the use of force — and even deadly force — if someone reasonably believes it is necessary to protect themselves or others. Displaying a firearm can, in some cases, fall within that protection. However, Kansas courts have made clear that mere threats or displays of force may not always be enough to claim self-defense.
The Bottom Line in Kansas: If you pull out or show a firearm outside a genuine defensive situation, you risk being charged with a serious crime.
Missouri:
Missouri’s law is much more explicit. Under R.S.Mo. § 571.030, it is a crime to:
“Exhibit, in the presence of one or more persons, any weapon readily capable of lethal use in an angry or threatening manner.”
This is essentially Missouri’s definition of brandishing.
Felony Consequences: Violating this law is often charged as a felony.
Vehicle Exception: Missouri law allows possession of a firearm in a vehicle, but it becomes illegal if the weapon is removed or brandished in specific restricted locations (such as government buildings).
Self-Defense: Like Kansas, Missouri recognizes self-defense, but whether showing a firearm is legally justified will depend entirely on the circumstances.
Why These Laws Matter
A sudden moment of anger, fear, or poor judgment can quickly lead to felony charges, jail time, and the loss of your right to own firearms. Even if you believe you were acting in self-defense, how you display the firearm can determine whether you face criminal charges or are protected by the law.
Facing a Brandishing Charge?
If you’ve been accused of brandishing a firearm in Kansas or Missouri, the stakes are high. These cases often come down to details such as:
- What exactly did you do with the firearm
- How others perceived your actions
- Whether self-defense applied
- Where the incident occurred
Because the law is nuanced — and because Kansas and Missouri approach the issue differently — having an experienced criminal defense attorney on your side is critical. If you or someone you know is facing weapons-related charges in Kansas or Missouri, don’t wait. Contact the Law Offices of Reginald Keith Davis for your confidential consultation.
Contact us now at kcklawyer.com Phone: (913 )299-8789