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Using a Gun as a Club is "Brandishing" Under 18 USC 924(c)

By Shari Allison

U.S. v. Bowen, 2008 WL 2232261 (6/2/08) (Published) - Using a firearm as a club constitutes "brandishing" a firearm under 18 U.S.C. § 924(c)(1)(A). First, the 10th made clear the question whether "brandishing" occurred is a sentencing determination to be made by the district court, not a matter for the jury [this is okay under Apprendi, etc., because the determination establishes a mandatory minimum, but does not raise the maximum of life, see Harris v. U.S., 536 U.S. 545 (2002). The 10th noted the defendant did not raise as an error the court's submission of the question to the jury.]. "Brandishing" is a more egregious form of "using" the gun. It requires displaying the gun and an intent to intimidate another. More than "use" of the gun occurred here because the clubbing of the victim included a making known that the gun was present [by hitting the victim with it] and it intimidated the victim to do the culprits' bidding...continue to full post

Full post as published by Tenth Circuit Blog on June 10, 2008 (boomark / email).