2013 House Bill 5091

Establish that open firearms carry is not “brandishing”

Introduced in the House

Oct. 22, 2013

Introduced by Rep. Joel Johnson (R-97)

To establish that carrying a firearm which is holstered or carried on a sling is not considered illegal “brandishing,” which means to display or wave a firearm in a menacing or threatening manner.

Referred to the Committee on Judiciary

March 6, 2014

Reported without amendment

With the recommendation that the substitute (H-1) be adopted and that the bill then pass.

March 12, 2014

Substitute offered

The substitute passed by voice vote

March 13, 2014

Passed in the House 104 to 5 (details)

To revise the definition of illegally "brandishing" a firearm to state that it applies only to a person who acts in a "willful" manner. The bill would also establish that pointing a gun at someone to defend oneself or another is not "brandishing." House Bill 5092 establishes a statutory definition of brandishing that requires an "intent" to threaten.

Received in the Senate

March 18, 2014

Referred to the Committee on Judiciary

April 23, 2014

Reported without amendment

With the recommendation that the bill pass.

Dec. 15, 2014

Amendment offered

To remove a "tie-bar" the House Bill 5092, meaning this bill can become law if that one does not. HB 5092 revises the definition of "brandishing" so it includes "intent".

The amendment passed by voice vote

Dec. 16, 2014

Passed in the Senate 37 to 0 (details)

To revise the definition of illegally "brandishing" a firearm to state that it applies only to a person who acts in a "willful" manner. The bill would also establish that pointing a gun at someone to defend oneself or another is not "brandishing." House Bill 5092 establishes a statutory definition of brandishing that requires an "intent" to threaten.

Received in the House

Dec. 16, 2014

Dec. 17, 2014

Passed in the House 104 to 5 (details)

To concur with the Senate-passed version of the bill.