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by idopmstuff 1160 days ago
Someone saying that the have a gun and are going to shoot you is very clearly assault, which is a criminal act. It would generally quality as a violent crime in statistics (if SFPD took reports of threats of violence, which they will not).

While we should use data, we should also understand where there may be issues with the data that we're using.

3 comments

The gist of your point is 100% correct. I just want to point out that under the common law definition of assault (and i have no idea what definitions are in effect in SF), the fact that the person calmly ignored them points that this might not be assault.

> Assault is generally defined as an intentional act that puts another person in reasonable apprehension of imminent harmful or offensive contact. No physical injury is required, but the actor must have intended to cause a harmful or offensive contact with the victim and the victim must have thereby been put in immediate apprehension of such a contact.

Calmly ignoring the threat is evidence that the person was not "in immediate apprehension of such a contact".

I only bring this up because i think it's interesting, and the underlying point you are making is 100% correct. This kind of thing is not normal nor innocent and not to be tolerated.

Oh, I was definitely apprehensive of imminent harm.

More details: Fairly normal-looking dude walked up next to me and kept pace for a couple minutes, threatening me and calling me "faggot" (which seemed odd, since I was walking with my girlfriend at the time). I didn't see an actual gun so I figured that the safest course of action was to simply ignore him until he presented more of a threat or walked away. I guess I bored him so he walked away.

The calm took some willpower.

For sure. I didn't mean to derail the thread or tell you how you feel, just share what I think is an interesting aspect of assault as defined in common law. But your subjective experience here is exactly what the law means to recognize with assault and sounds like it was assault. But who knows. Glad the situation fizzled out (usually best case scenario)
> I just want to point out that under the common law definition of assault (and i have no idea what definitions are in effect in SF), the fact that the person calmly ignored them points that this might not be assault.

This is actually an interesting point of semantics to me. I guess it'd really hinge on how you define "calmly" here - if you saw me walking my dog while a homeless person screamed that he was going to kill me, I would certainly appear calm. Even internally, I suspect my heart rate would increase but not enormously. Still, I would be very alert and mentally prepared for the possibility that this person is going to attack me, because I very much believe that to be possible. Given that, I would say that I have a reasonable apprehension of imminent harm (and I expect a lot of San Franciscans are similar in that regard).

It's a reasonable belief and fear that person will carry out the act. You are probably misinterpreting the reasonable part, especially when people mask their reaction to try to get away or out of shock / instinct. The person making the threats probably gets enjoyment from getting a rise out of random strangers. Also, returning to the original context, there are too many people on the street that have severe mental health crises going on and are freely roaming some cities. They don't necessarily need to go to be convicted of a crime as a solution.
We should also take practical steps to increase your chances of survival, which, if someone says this to you:

- Keep an eye on their hands.

- Attempt to de-escalate the person.

- If they brandish a weapon in extreme close proximity to yourself, use both your hands to firmly grab onto the hand/wrist that's holding the weapon and extend your arms fully (using your skeleton to maintain that distance and provide added strength). Your focus should be on controlling that hand so they don't stab or shoot you. Yes, you may incur injury regardless, this is what's colloquially known as a "shit sandwich".

- Increase distance and vacate the area as soon as possible. If they have a gun, run in a zig zag pattern and seek cover (blocks bullets) or concealment (hides you, but doesn't stop bullets).

- Once you are safe, then report the incident to law enforcement (if they'll do anything).

You mean well, but this is Hollywood-grade advice for close quarters encounters.

Arms extended gives you the least possible leverage. Like when cops in movies run around with gun drawn at arms' length (the Weaver stance is for target shooting). To disarm a gun-wielding opponent, you want to get in close, grab the weapon from both sides securely (hug it) and do a dead drop. Unless you're fighting The Rock, they can't hold both you and the weapon. Unless you are The Rock, you'll probably get killed grappling with them any other way.

Don't do this for knives. Just stay the length of two arms + 1 beer bottle away from them.

I don't have any advice for swords but anyone who comes at you with one isn't playing by conventional rules, so run like hell.

The zig zag thing is a myth. It works in Counter-Strike, but you'll just end up dying an embarrassing death in reality. The only zig zagging you should be doing is from cover to cover. Get to cover as directly as possible. This isn't The OA...interpretive dance won't save you.

PROTIP: As cover goes, cars are made of the same stuff as beer cans and glass. The IC engine block is the only part that will actually stop a bullet. EVs are explosive.

I can't imagine you live in SF, because this is just bad advice.

You don't attempt to de-escalate. You completely ignore. You do not try to grab their wrist. If they brandish a weapon, you run.

You don't report the incident to law enforcement, because they do not care and will do nothing.

And depending on the DA you’ll be thrown in jail if you defend yourself.