7.5. Brandishing A Firearm

• A person who is pointing, holding, or brandishing a firearm, air or gas operated weapon, or object that appears like a firearm without proper toy and prop identification in an attempt to elicit fear or hysteria.

• A person holding an object in a manner similar to a firearm who attempts to elicit the same fear or response as brandishing an actual firearm.

- Penal Code (7)06 is a misdemeanor punishable by a maximum of 15 months imprisonment and no more than $50 in fines. This falls under Officer Discretion.

NOTES:

Brandishing explicitly notes that the purpose is to elicit fear or hysteria. A Weapons Discharge violation is irrelevant of the intent to elicit hysteria so the two charges can be stacked if appropriate.