FORECITE National™
Instructions And Issues Omitted By The Pattern Instructions
Copyright & Publication Information

VOLUME 7 - CHAPTER 77
Go to Volume 7 Table of Contents - Go to Chapter 77 Table of Contents

77.6 Brandishing Or Pointing Of Firearms

    77.6.2 Brandishing Or Pointing Of Firearms: Miscellaneous Issues

    77.6.2.1 Brandishing Firearm: Definition of "Rude"

FORECITE National™
Instructions And Issues Omitted By The Pattern Instructions
Copyright & Publication Information

VOLUME 7 - CHAPTER 77

RATIONALE: Without specific definition there is a danger that the jury will interpret the term "rude" to mean simply impolite.

POINTS AND AUTHORITIES: In some jurisdictions the crime of brandishing or exhibiting a firearm includes a requirement that the firearm be displayed in a "rude, angry or threatening manner." Common sense as well as sound principles of statutory construction require that the term be narrowly defined.

    Under the broadest of definitions pointing a gun at anyone for any reason is "rude." (See Websters 3d New Int'l Dictionary (1964) p. 1485 ["impolite" or "discourteous"].) However such a broad definition would result in a form of strict liability which should not be read into the statute absent express statutory language. (See FORECITE National™ 54.1 Strict Liability Limited To Public Welfare Offenses].) Anyone who pointed a weapon at another, even innocently, would necessarily be found to have exhibited the weapon in a "rude" manner. Thus "rude" should be defined narrowly as meaning offensive or uncivil or insulting rather than simply impolite. (See e.g., Reeves v. State (AL 1892) 11 SO 296, 299 [rude defined as "uncivil"]; Beck v. State, (IN 1976) 348 NE2d 409, 412 (1976) [rude defined as "offensive"]; Holmes v. Carolina Central Railroad Co. (NC 1886) 94 NC 318, 323 [rude defined as "rough or insulting"].)

FEDERALIZATION: To federalize this request, click here. [Constitutional Macro 2.3; 3.5; 4.1].

USE NOTES: Under this definition pointing or displaying a weapon in jest is not brandishing.