Lawyers: your opinion please whether a post is coming from a lawyer please

February 02, 2018, 07:22 PM

quote:
Originally posted by thunderson:
I'm not a lawyer, but on the simplest level the guy isn't wrong. No law to violate no crime committed. Yes the poster was either ignorant of brandishing laws or omitted them and created a poor example. He seems a bit of an arrogant ass, but "just make a law against killing and everything will be fine" was only mildly amusing the fist time it was used in an argument somewhere around the time that Isaac looked at Abraham and said, "What the fuck was that all about?"

Does every state have a "brandishing" law? Is waving a gun around without pointing it at someone even "brandishing"?

flashguy

February 02, 2018, 08:24 PM

rmc85

quote:
Originally posted by Deqlyn:
quote:
Originally posted by Aeteocles:
I think the bigger question is:

Why is the OP invested in the outcome of a facebook debate?

The world would be happier if everyone used facebook for what it was intended: posting pictures of food, babies, and puppies, and finding contact information for that chick that you saw once but didn't think to get her number.

Honestly its not much different than here. Just different format. People here post about what other hobbies they like, sports, politics, dinners they made, argue over why one gun is better than the other, sell items, buy items, discuss movie/music/tv shows, things that piss them off, coordinate group activities, ect...

February 02, 2018, 09:53 PM

thunderson

quote:
Originally posted by flashguy:
Does every state have a "brandishing" law? Is waving a gun around without pointing it at someone even "brandishing"?

flashguy

No idea. In my state simply showing a firearm in a "menacing" manner is brandishing,i.e. fanning a shirt to purposefully reveal a tucked firearm.

I spoke of brandishing because some responses in this thread mentioned it.

February 03, 2018, 09:16 AM

honestlou

quote:
Originally posted by flashguy:
...Does every state have a "brandishing" law? Is waving a gun around without pointing it at someone even "brandishing"? ...

flashguy

I have to believe that every state has an "assault" law. Criminal assault is typically defined as an attempted battery, ie. a swing and a miss, or the intentional putting in fear of a battery. Waving a gun around in a menacing way certainly would qualify as an assault.

February 03, 2018, 09:34 AM

DaveL

He is some combination of dumb, irrational, and politically biased. None of those things rule him out as a lawyer. Remember that many politicians are lawyers ...

February 03, 2018, 09:38 AM

DaveL

quote:
Originally posted by honestlou:
quote:
Originally posted by flashguy:
...Does every state have a "brandishing" law? Is waving a gun around without pointing it at someone even "brandishing"? ...

flashguy

I have to believe that every state has an "assault" law. Criminal assault is typically defined as an attempted battery, ie. a swing and a miss, or the intentional putting in fear of a battery. Waving a gun around in a menacing way certainly would qualify as an assault.

Only if directed at a specific person. But there’s always criminal mischief or things like that. But the larger point is that law enforcement would be well within their power to approach the guy and disarm him while figuring out what his deal is. You need a law to prosecute but not to interdict and investigate.

February 03, 2018, 09:38 AM

chellim1

quote:
Originally posted by ChicagoSigMan:
No idea if he is a lawyer or not. There are many lawyers who are plenty dumb as this guy appears to be. His idiotic response does not give us a real hint as to whether or not he holds a bar card.

I agree... no way to know.

However.... there is something that strikes me as idiotic, but doesn't mean he's not a lawyer. He probably even believes this:

"Laws can indeed prevent terrible things. They do so every single day."

I just disagree. It's not the law that prevents terrible things. Terrible things happen in spite of the laws against them. Police come to the scene, usually after the fact, and restore order and gather evidence of the crime. Prosecutors can then prosecute the crime. But the law doesn't prevent the crime from happening. If it did, we wouldn't need prosecutors.

"Some things are apparent. Where government moves in, community retreats, civil society disintegrates and our ability to control our own destiny atrophies. The result is: families under siege; war in the streets; unapologetic expropriation of property; the precipitous decline of the rule of law; the rapid rise of corruption; the loss of civility and the triumph of deceit. The result is a debased, debauched culture which finds moral depravity entertaining and virtue contemptible."
-- Justice Janice Rogers Brown

"The United States government is the largest criminal enterprise on earth."
-rduckwor

February 05, 2018, 08:59 AM

SgtGold

quote:
Originally posted by flashguy:
quote:
Originally posted by thunderson:
I'm not a lawyer, but on the simplest level the guy isn't wrong. No law to violate no crime committed. Yes the poster was either ignorant of brandishing laws or omitted them and created a poor example. He seems a bit of an arrogant ass, but "just make a law against killing and everything will be fine" was only mildly amusing the fist time it was used in an argument somewhere around the time that Isaac looked at Abraham and said, "What the fuck was that all about?"
Does every state have a "brandishing" law? Is waving a gun around without pointing it at someone even "brandishing"?

flashguy

In NY the crime is menacing. Brandishing is a verb. And to make it all the more confusing in order to be guilty of menacing the gun has to be real, functional, and loaded.

February 05, 2018, 09:12 AM

Southflorida-law

I doubt it, there are a whole laundry list of laws being violated if one was to stand outside a school and "wave a gun around".

At a minimum Mr gun waver is going to find himself spending 3 quality days in a psyc ward on a Baker Act.

February 05, 2018, 09:22 AM

osuchem

Each state should have a roster of attorneys or roll of attorneys. Why not check there?

For example, in California, see:

http://members.calbar.ca.gov/f...ersearch/quicksearch