Originally Posted By: hikermor
One other point - you mention writing a law prohibiting "brandishing." I would love to see a clear, unequivocal definition of brandishing that would apply across the board. I would think we would all know what we mean by brandishing, but putting into clear language is something else. What SCOTUS judge stated that he couldn't define pornography, but he could recognize it when he saw it? This is why attorneys are so fearfully busy....


Well, good point...I'll be more thoughtful and say we don't even need a definition for brandishing. Don't even try. Instead, the laws with respect to assault and battery are good enough and sufficiently defined. If a knife or other weapon is involved in the act of assault/battery, then the sentence should carry enhancements. Not sure, but I think laws are already in place for that scenario. So, wheel invention is unnecessary.

Basically, let's get rid of the criminalization for concealing a fixed blade, especially when there is no criminalization for concealing a folder, for crying out loud.
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