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by macintux 2081 days ago
You’re not going to garner much sympathy for the McCloskeys. One vital rule of gun handling is to never point it at something until you’re ready to shoot, and she pointed it at people with her finger on the trigger.
2 comments

> One vital rule of gun handling is to never point it at something until you’re ready to shoot...

Not so much, never point a gun at something unless you're willing to shoot -- a double barrel shotgun has a lot of power to make someone rethink their life choices when pointed at them without having to actually shoot.

There are numerous formulations of this rule. The one used by the US Marines is 'Never point the weapon at anything you do not INTEND to shoot.'

In this formulation of the rule, pointing a gun with the intent to threaten isn't valid, since an intention to threaten is not an intention to shoot.

What they tell you and what actually happens on the battlefield are two different things.

I've pointed weapons at people without the intention of shooting them while covering other solders and on occasions where they "just didn't look right" -- can't just randomly start shooting people but you also don't want to be caught off guard if they decide to start shooting at you. The last time this happened some car rolled up on our guard post and all of us were pointing our weapons at said vehicle while we sent someone out to figure out what they wanted (which turned out to be the main gate so they could find out what happened to one of their relatives who was arrested or something). Nobody intended on shooting them but if they didn't stop short or acted suspiciously we would've lit them up with the .50cal.

I'm sorry for what was done to you in the military. Please try to find a different way of existing in our society. People you'd never suspect have firearms, and will use them to kill you in response to the behavior you describe here.
My preferred formulation is "Never point a gun towards anything you don't mean to destroy". Including things within a reasonable solid angle of your target.
This is a hero fantasy, and allows you to be legally killed by pretty much anyone. Don't do this.
Well in her case, she knew the gun wouldn't fire. It turned out the firing pin was assembled backwards for it to be used in a play. (The police took apart the gun and put to back together to charge her; it's in the evidence documents)

But I agree, she should have treated the gun like it was armed and ready. She flagged the back of her husband's head several times.

BUT, that isn't in and of itself criminal. In fact, nothing they did was criminal. They were in a gated neighborhood, people ripped the iron gate down, and I think it's clear they were reasonably defending their homes.

The law they're charged with says they were in violation of "brandishing a firearm in a threatening manner," but nowhere in the law do they define "threatening" .. it's ambiguous, it's a badly written law and it conflicts with federal laws and the 2nd amendment.

Viva Frei and Robert Barnes are two lawyers who have done some incredible breakdowns on this case:

https://www.youtube.com/watch?v=CRN-Xrcf8Co

> Well in her case, she knew the gun wouldn't fire. It turned out the firing pin was assembled backwards for it to be used in a play. (The police took apart the gun and put to back together to charge her; it's in the evidence documents)

Along with never pointing your gun at something you don't want to destroy, you always assume a gun is loaded. That's not just a gun you pickup, that's any gun anywhere. If someone else is holding it then it's loaded too.

> In fact, nothing they did was criminal. They were in a gated neighborhood, people ripped the iron gate down, and I think it's clear they were reasonably defending their homes.

Bullshit. Brandishing is a crime in pretty much every US state and Canadian province. There are affirmative defenses to Brandishing, like real physical threats to life or property, but that gate was community property and not theirs alone.

I could see them getting out of the charges and having enough reasonable doubt to do so. Right now it's being leveraged as a kulturekamf headline to make 2nd Amendment nuts get angry.

But make no mistake, if you point a real gun at people, with a finger on the trigger, you're implying you're going to kill someone. You'd better have a damned good reason for it, and be ready to stand to any consequences; "judged by a jury instead of by St. Peter", etc.