eye95
Well-known member
Unless you are a speed draw champion, waiting to draw until you are about to fire is a bad idea. But we should not draw our guns unless we are facing a situation which warrants deadly force. Drawing your gun is an action with more consequences than using harsh words, but with fewer consequences than firing the gun. Especially if you fire the gun before you draw it.
Laws vary from State to State, however it seems that there is generally a two-pronged test for an action to be assault: There has to be an unlawful threat, and there has to be the present ability to carry out that threat. Having the gun, drawn or not, meets the second criteria. The question is, "Does the act of drawing the firearm (or holding it in a safe position) constitute a threat?" The answer would depend upon the context.
If you draw your weapon and hold it safely at your side while a man walks past your house just because you think he is acting hinky, he'd have a case for your having assaulted him.
If you draw your weapon and hold it safely at your side as a dozen or more folks walk into your yard, saying angry things, then you'd probably have a case that they were committing assault! I'd call their behavior a threat, and a dozen against two sure amounts to "present ability." If you are acting out of genuine and reasonable fear for your safety, then your threat is lawful and does not constitute assault.
IANAL.