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Can I do this?....

Started by csj, Sat 15, Feb 2014, 12:48:48

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csj

...Not in my country...  Thought I'd post this, wishing I could 'PERSUADE' road-idiots
in a similar way;

How Russians deal with road rage

www.youtube.com/watch?v=Zdor_-hsm0w
A guy called me a Ba$tard, I said in my case it's an accident
of birth, in your case you're a self made man.

old2soon

THAT would get my tenshun!  :crazy2: RIDE SAFE.
Today is the tommorow you worried about yesterday. If at first you don't succeed screw it-save it for nite check.  1964  1968 U S Navy. Two cruises off Nam.
VRCCDS0240  2012 GL1800 Gold Wing Motor Trike conversion

Jess from VA

#2
Many years ago, having been chased to a fwy exit down to a redlight,  the irate penis gobbler ran up to my car expecting me to get out and fight.  I just thru my .357 on the dash.  He changed his mind.  I am not recommending this for anyone else.


Big Al of Tennessee

Point a Loaded Gun at anyone,  is considered Aggravated Assault.

Jail Time.

That being said, it has to be proven.

But it can cost you some lawyer bills in the mean time.

Cost a friend of mine 6 thousand dollars, to get it cleared(NOT GUILTY)and have it erased from his

record.



GOD SAVE THE UNITED STATES from the democrats is my prayer.



Russell Rice

My brother and I were chased by 4 guys in a car. We were in my truck. We were getting onto an on ramp and they shouted at us " when we tell you to stop you better F*&KEN stop" I gave them the one finger salute and they fired 2 shots at us with a .22 cal pistol. One shot hit the tail gate and one hit the inside side wall of the back right tire. I took over the driving duties and started chasing them. They out ran us so we went back to the house to get a .357 mag. and call the cops. On the way to the house I spotted there car. The cops came to the house and checked out our story and asked if we had a gun, I told them not when they shot at us but we do now. The cops had me go with them to drive by the house I saw the car at. The guys were on the porch and they were flipping the cops off as they drove by. I had I.D 2 guys and the cops did nothing not one cursed thing.

YoungPUP

Yea though I ride through the valley of the Shadow of Death I shall fear no evil. For I ride the Baddest Mother F$#^er In that valley!

99 STD (Under construction)

PharmBoy

Several years ago on a semi-lonely Western Oklahoma highway I was on my way home at the end of the day with the cruse set and thinking about nothing in particular when I passed two guys in an old pickup.  They shortly thereafter started a game of road tag, all the while I had not touched the cruise control.  On the third time that they passed me I am sure that the passenger looked down into my little Toyota Tacoma and saw the S&W Mod. 36 that I had placed on the console cover because they went right on down the road.  Rarely would it be necessary to point a weapon at someone.  Usually one can get the desired effect by just letting it be known that you are armed...Jim
A politician is a fellow who will lay down your life for his country. ~Texas Guinan
4th Infantry Tet Vet
99 Interstate
97 Bumble Bee
97 Red & White

Hooter

#7
Quote from: Big Al of Tennessee on Sat 15, Feb 2014, 16:42:03
Point a Loaded Gun at anyone,  is considered Aggravated Assault.

Jail Time.

That being said, it has to be proven.

But it can cost you some lawyer bills in the mean time.

Cost a friend of mine 6 thousand dollars, to get it cleared(NOT GUILTY)and have it erased from his

record.





Aggravate assault is usually when aggravated injury is inflicted usually during a fight or altercation not involving a weapon.  When you screw a gun in someone's face unless its self defense, its felonious assault.
You are never lost if you don't care where you are!

Jess from VA

It should be pointed out here that a charge of brandishing a firearm is a matter of State law and varies widely.  Drawing and pointing/aiming a firearm at someone (without shooting) could easily get you a felony assault charge; a greater/larger offense than brandishing. 

Depending on your State, brandishing could be drawing and holding it down to your side, spinning a pistol on your finger, throwing it on your dashboard, or even lifting your shirt and showing your holstered weapon.

Use of deadly force requires a reasonable threat of deadly violence or great bodily injury.  You may not need a deadly threat to justify (successfully defend against) a charge of brandishing, but it would be better to act as if you did.  Showing, without pointing, a pistol may seem reasonable to avoid an unarmed fistfight (one on one), and I've done it twice, but today I'd be very careful before doing it again.  There is always a size/weight/age/fitness disparity to argue (he was younger, bigger, and stronger than me your honor), but absent a real deadly threat, you are taking a chance.

The problem with showing (but not shooting) a pistol is that your act of not shooting tends to objectively demonstrate that you did not really believe you were facing a deadly threat, otherwise you would have shot.   And, therefore, a pistol was unnecessary, and should not have been produced at all.  Ergo, a defense of self defense to a charge of brandishing can be difficult.

I still like the argument that I used the least amount of force necessary (showed a firearm without aiming or shooting) to avoid a beating, and in fact I did not shoot, and I was not beaten, and the guy who threatened to beat me unlawfully was lawfully deterred with no injury other than apprehension/worry, which he brought on himself.  But it may not be good enough, depending. 

Here is the VA statute (it seems to require that you have it in your hand/grasp)

It shall be unlawful for any person to point, hold or brandish any firearm or any air or gas operated weapon or any object similar in appearance, whether capable of being fired or not, in such manner as to reasonably induce fear in the mind of another or hold a firearm or any air or gas operated weapon in a public place in such a manner as to reasonably induce fear in the mind of another of being shot or injured.  However, this section shall not apply to any person engaged in excusable or justifiable self-defense.

Many states use this language: Exhibited a dangerous weapon or firearm in a rude, careless, angry, or threatening manner.    Exhibition, may not require it be in your hand.



Hooter



   Probably cause to believe / Intent / In fear of your's or someone elses life. As for what your first post stated I would probably have done the same, dunno. Wasn't there so I don't know the circumstances. Depending on my mood I may have gotten out and confronted the person.  In your last post that I agree with as well, simular language is prevelent in several states. I wouldn't do the gun thing now so quickly or I'd be real sure  of  whats about to take place.
You are never lost if you don't care where you are!