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by djsumdog
2081 days ago
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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 |
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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.