Brandishing in Kansas
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.
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.