A video taken by a high school student shows Indiana state Rep. Jim Lucas flash a holstered gun to students who were visiting the statehouse to talk to lawmakers about gun control
Yeah and if there is no brandishing law in Indiana this could be viewed as possible assault. (Offen assault is the threat of violence, battery is the action of violence)
Let’s use knives instead. If you’re bothering me on the street, and I flash a large knife at you in response, what would be your interpretation of that gesture? Am I just getting my knife some air? Am I inviting you back to mine for a night cap? Or am I telling you to back off because I have a weapon?
Don’t drag us knife owners into it. Mine is a tool for cutting things, a gun has no useful purpose (outside a range). A tool can be misused but a gun’s primary purpose is to make living things dead.
You’ve lived a sheltered and privileged life if you think there is no useful purpose in a tool which has the primary purpose of making living things dead.
Maybe so but I doubt I am alone. How often do you find yourself needing a penis-enhancer to survive? What do you got a story about something that may or may not have happened from ten years ago?
We write laws for the society we are in not for the society that could exist. So yeah you are free to view me as domesticated or whatever foul word for weakness you have ready to go, but to me you are same except one of us is aware of what life is actually like.
Have you thought about video games or joining the Guard? Good way to get solider boy out of your system.
I mean, I kinda get where you’re coming from. Though I’ll say I could take that to an extreme to show how flawed it is.
I will say however, when someone is actively saying “we want knife control, things are unsafe if everyone is just walking around with knives” and someone else goes “what are you talking about I have this knife right here” it does have a bit more sinister a vibe in my mind.
If I walk into a gun store a reasonable person would conclude that I consent to see guns. If I express an opinion about the government to my elected official a reasonable person would not conclude that I consented to be shown a gun.
It isn’t the action alone, it is the context, and the context includes consent.
That’s called brandishing, and it’s usually a crime.
Yeah and if there is no brandishing law in Indiana this could be viewed as possible assault. (Offen assault is the threat of violence, battery is the action of violence)
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https://www.ce9.uscourts.gov/jury-instructions/node/1007
You’re missing the point. Its not the display that is brandishing, it is display with intent to intimidate.
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That’s for a jury to decide.
Do
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assault, menacing, intimidation, all crimes that involve the threat of violence.
Let’s use knives instead. If you’re bothering me on the street, and I flash a large knife at you in response, what would be your interpretation of that gesture? Am I just getting my knife some air? Am I inviting you back to mine for a night cap? Or am I telling you to back off because I have a weapon?
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What does showing the knife accomplish in this example?
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Don’t drag us knife owners into it. Mine is a tool for cutting things, a gun has no useful purpose (outside a range). A tool can be misused but a gun’s primary purpose is to make living things dead.
You’ve lived a sheltered and privileged life if you think there is no useful purpose in a tool which has the primary purpose of making living things dead.
Maybe so but I doubt I am alone. How often do you find yourself needing a penis-enhancer to survive? What do you got a story about something that may or may not have happened from ten years ago?
We write laws for the society we are in not for the society that could exist. So yeah you are free to view me as domesticated or whatever foul word for weakness you have ready to go, but to me you are same except one of us is aware of what life is actually like.
Have you thought about video games or joining the Guard? Good way to get solider boy out of your system.
I mean, I kinda get where you’re coming from. Though I’ll say I could take that to an extreme to show how flawed it is.
I will say however, when someone is actively saying “we want knife control, things are unsafe if everyone is just walking around with knives” and someone else goes “what are you talking about I have this knife right here” it does have a bit more sinister a vibe in my mind.
If I walk into a gun store a reasonable person would conclude that I consent to see guns. If I express an opinion about the government to my elected official a reasonable person would not conclude that I consented to be shown a gun.
It isn’t the action alone, it is the context, and the context includes consent.
You’re right, your example isn’t a demonstration of brandishing. But it also has nothing to do with what the article describes.