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Senate approves third substitute for weapons bill after debate clarifying 'threatening manner'
Summary
The Senate advanced third substitute House Bill 78, revising weapons statutes to clarify when possession or display of a firearm constitutes a 'threatening manner' and how deadly-force provisions interact with other offenses; the sponsor said the change provides predictability for lawful carriers.
Senate members advanced the third substitute of House Bill 78 after floor debate focused on the statutory definition of "threatening manner" and how that interplay affects prosecution for unlawful use of a weapon versus justified force under the deadly-force statute.
Senator Valentine, presenting the third substitute, said the bill clarifies that merely possessing a dangerous weapon, visible or concealed, does not by itself constitute a threatening manner without additional conduct. "Threatening manner does not include the possession of a dangerous weapon, with a visible or concealed without additional behavior which is threatening," he explained, and added that the statute provides a continuum of conduct from informing an adversary that one is armed through exhibition to actual use.
Opponents on the floor asked hypotheticals about misuse of such language (for example, an aggressor asserting a weapon and another person responding with force). Senator Valentine responded that the deadly-force provision and other elements in section 402 must be met to justify drawing and using a firearm.
After floor debate the Senate recorded the roll call and placed the third substitute on the third-reading calendar. No floor amendments were adopted during the floor consideration.
