People v. McKinzie

In People v. McKinzie (1986) 179 Cal. App. 3d 789, the court found that under section 417, subdivision (a)(2), it was unnecessary for the victim of the brandishing, the person against whom the firearm was drawn or exhibited, to be aware of it. Instead, the crime is complete on drawing or exhibition of the weapon in a threatening manner. The court reasoned: "For purposes of the conduct which the statute is meant to deter, it is enough that the brandishing be in public, in the presence of the victim, where some third party happening along might get the idea that either the victim or brandisher need help, or might think a brawl is in the making which he might join. The thrust of the offense is to deter the public exhibition of weapons in a context of potentially volatile confrontations. The victim's unawareness of the weapon does little to mitigate the danger inherent in such situations." (McKinzie. at p. 794.)