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LEO Law Enforcement Officers - Q & A

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Old 11-01-11, 10:12   #1
korie
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somewhat off topic of motorcycles, but there is a guy on another forum stating that he pulled a pistol out after a slight altercation with a neighbor. without going too far into details this person said that he was yelled at and then followed to get more yelled at by his neighbor for having loud pipes.

at no time did he feel his life was in danger, but rather he wanted to scare the guy back into his vehicle. he held the pistol in hand towards the ground after pulling it out.

was this illegal?

i know the law varied from state to state so the answer may be varied.
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Old 11-01-11, 11:47   #2
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California PC 417(a) (2):

(2) Every person who, except in self-defense, in the presence of
any other person, draws or exhibits any firearm, whether loaded or
unloaded, in a rude, angry, or threatening manner, or who in any
manner, unlawfully uses a firearm in any fight or quarrel is
punishable as follows:
(A) If the violation occurs in a public place and the firearm is a
pistol, revolver, or other firearm capable of being concealed upon
the person, by imprisonment in a county jail for not less than three
months and not more than one year, by a fine not to exceed one
thousand dollars ($1,000), or by both that fine and imprisonment.
(B) In all cases other than that set forth in subparagraph (A), a
misdemeanor, punishable by imprisonment in a county jail for not less
than three months.

As you said, the story is lacking details but this is the gist of it.
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Old 11-01-11, 11:58   #3
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thank you!
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Old 11-01-11, 12:02   #4
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No prob...anytime.
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Old 11-01-11, 12:16   #5
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SCREW WHAT THE LAW SAYS! That is just terrible practice all the way around. Not only are you putting a non-threatening bystanderís life in jeopardy but you are escalating a non-threatening situation to a deadly one. In no way shape or form is "to scare someone" a justifiable cause to draw a weapon regardless of what the law says. If you arenít ready to pull the trigger you damn well better keep it tucked away.

What would have been justifiable is if his neighbor was carrying and drew his firearm on this nut. People like that give conceal carry gun owners a bad name. Him drawing a gun in a situation like that is immature and clearly he shouldnít be carrying in the first place.
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Old 11-01-11, 12:17   #6
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Not to mention that fact that he is spouting off about it and bragging about the situation on an online forum. What a tool bag/loose cannon/jackass...
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Old 11-01-11, 13:35   #7
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Quote:
Originally Posted by 00transamnh View Post
SCREW WHAT THE LAW SAYS! That is just terrible practice all the way around. Not only are you putting a non-threatening bystander’s life in jeopardy but you are escalating a non-threatening situation to a deadly one. In no way shape or form is "to scare someone" a justifiable cause to draw a weapon regardless of what the law says. If you aren’t ready to pull the trigger you damn well better keep it tucked away.

What would have been justifiable is if his neighbor was carrying and drew his firearm on this nut. People like that give conceal carry gun owners a bad name. Him drawing a gun in a situation like that is immature and clearly he shouldn’t be carrying in the first place.
The OP asked if this was illegal, which it is according to California penal code. Please clarify; "SCREW WHAT THE LAW SAYS!" and your response. They appear to conflict with each other.

Last edited by SSD D-4; 11-01-11 at 13:41. Reason: error
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Old 11-02-11, 07:52   #8
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personally, i feel it is morally wrong to pull a weapon unless one has to use it. i feel that brandishing a weapon to scare a person away from fighting means that a person lacks the ability to talk and reason out a difference first.

original thread:

[ame="http://www.1000rr.net/forums/showthread.php?t=88923"]Had to pull gun on neighbor : Honda CBR 1000RR Motorcycle Forums: 1000RR.net[/ame]
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Old 11-02-11, 08:27   #9
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Quote:
Originally Posted by SSD D-4 View Post
The OP asked if this was illegal, which it is according to California penal code. Please clarify; "SCREW WHAT THE LAW SAYS!" and your response. They appear to conflict with each other.

All I was getting at was regardless of what the law may or may not be for different states it is terrible practice. Secondly... he doesnt live in Commifornia.
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Old 11-02-11, 08:37   #10
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Quote:
Originally Posted by korie View Post
personally, i feel it is morally wrong to pull a weapon unless one has to use it. i feel that brandishing a weapon to scare a person away from fighting means that a person lacks the ability to talk and reason out a difference first.

original thread:

Had to pull gun on neighbor : Honda CBR 1000RR Motorcycle Forums: 1000RR.net
After reading the post I think he was in the right on this one. It sounds like the guy was chasing him down with the intent to do him harm. In that case he has every right to defend himself... and it sounds like the cops agreed with him. As far as 'talking it out' goes... Maybe he should have told the guy to stop where he was and explain himself (who knows if he did or not). If the guy kept charging, you bet your a$$ he had the right to draw his gun. You have to assume the worst in that situation.

It sounds like the guy chasing him around was being confrontational and looking for trouble... well, he found it. Dont go chasing people around like a tough guy if you arent bullet proof.
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