Eugene Volokh reports on an unusual law in Kansas that actually can make the punishment for brandishing a gun higher than if you actually shot someone, under certain circumstances. I agree with Professor Volokh that this is something Kansas groups should get the legislature to fix, pronto.
2 thoughts on “Brandishing in Kansas”
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Yet another example of why jury nullification should occur more regularly.
Wouldn’t the act of pulling your gun and pointing it – even for a fraction of a second before pulling the trigger – be “Brandishing”?
The Kansas legislatuer sure has made a mess.