Small OC incident at Wal Mart, Mt. Sterling.....

The wife and I were at Wal Mart today doing some shopping. I had to go to the restroom but on my way into the restroom I hear a young woman (most more than likely a teenager) yell fairly loud "Oh my God, A gun".... I went on in to the restroom no knowing what to expect when I came back out. Luckly when I came back out shoppers were still shopping, cashiers were still ringing up sells and no one seemed to be in a panic.

I wonder if this young "lady" did in fact cause a panic for no good reason other than being a fukking idiot, if she could be held responsible for causing a panic?

Most likely not, you can just stamp her head "Idiot" at that point. Now whats REALLY dangerous is when I see 16 and 17 year olds driving and texting on their phones. Now that is something to scream at them about!

That is what I always laugh at. Places don't want firearms in them, but they have a parking lot. Logic escapes people. If she would have incited a panic, under the wording of the law, she could be charged with disorderly conduct. But I doubt you can get anyone to prosecute.

self preservation said:

if this young "lady" did in fact cause a panic for no good reason other than being a fukking idiot, if she could be held responsible for causing a panic?

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Well, looking at the KRS,
considering that people have been killed in riots (or trying to escape from a dangerous situation), & have been killed when police only thought they had a gun,
and I don't see how her actions served any legitimate purpose,
and I don't see how she could have intended to do anything other than create alarm...
I'd say almost definitely that was 2nd degree disorderly conduct.

525.060 Disorderly conduct in the second degree.
(1) A person is guilty of disorderly conduct in the second degree when in a public place and with intent to cause public inconvenience, annoyance, or alarm, or wantonly creating a risk thereof, he:
(a) Engages in fighting or in violent, tumultuous, or threatening behavior;
(b) Makes unreasonable noise;
(c) Refuses to obey an official order to disperse issued to maintain public safety in dangerous proximity to a fire, hazard, or other emergency; or
(d) Creates a hazardous or physically offensive condition by any act that serves no legitimate purpose.
(2) Disorderly conduct in the second degree is a Class B misdemeanor*.

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*term of imprisonment with a maximum of less than ninety (90) days

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all i get is some moon eyes, some polite conversations- frontal and backal, realy friendly clerks...leave it to the young, she probably tweeted, or blobbed, immediately after seeing you. be a smarty pants, and if you ever get that one; answer back as loud as they: Why yes, it is..and trudge on leaving the mindless to be left there looking mindless and stupid, minimal effort required on your part. damn kids.............

i doubt they would ever get charged with anything. stupid isnt a crime...................yet.

McX said:

yet.

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^^^Operative word^^^^

self preservation said:

The wife and I were at Wal Mart today doing some shopping. I had to go to the restroom but on my way into the restroom I hear a young woman (most more than likely a teenager) yell fairly loud "Oh my God, A gun".... I went on in to the restroom no knowing what to expect when I came back out. Luckly when I came back out shoppers were still shopping, cashiers were still ringing up sells and no one seemed to be in a panic.

I wonder if this young "lady" did in fact cause a panic for no good reason other than being a fukking idiot, if she could be held responsible for causing a panic?

Click to expand...

Kinda had the same situation happen though in my case I was waiting in the checkout line and the guy in front of us had to have been high or drunk or a little bit of both and he was being loud and obnoxious and we were all standing there because the cashier was having a register problem. I was OC and he was on my strong side through there was my wife and another person between me and him but at some point he saw my sidearm and said "Woah, that guy's got a gun, guess i should behave." and he suddenly became less annoying and loud. Of course in my case there was no yelling the fact or that anyone was alarmed by it.

The key word to all of the verbiage in the disorderly conduct is "intent" unfortunately someone makes a big enough fuss you may be arrested but the state prosecutor proving intent on that...Good Luck.

Jbale22 said:

The key word to all of the verbiage in the disorderly conduct is "intent" unfortunately someone makes a big enough fuss you may be arrested but the state prosecutor proving intent on that...Good Luck.

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No, the statute states that you can't be convicted for the crime of DC unless intent can be shown, however the rest of the statute needs to be read:

(a) Engages in fighting or in violent, tumultuous, or threatening behavior;
(b) Makes unreasonable noise;
(c) Refuses to obey an official order to disperse issued to maintain public safety in dangerous proximity to a fire, hazard, or other emergency; or
(d) Creates a hazardous or physically offensive condition by any act that serves no legitimate purpose.

If you do not commit one of the above acts, then you do not commit DC in the second degree. The same would go for the first. You must have intentionally allowed yourself to engage in the conduct stated. You can defend yourself in a street fight, and not be arrested for DC because it was not your intent to cause a fight, it was your intent to defend yourself. The state MUST prove beyond a reasonable doubt that it was your specific intent to engage in disorderly conduct, and carrying a firearm does not constitute DC in the first or second degree here in Ky.

I feel I could handle a LEO encounter ok. I feel I could handle an anti ok...But I had no idea how to handle this situation. It caught me off guard.

You could of yelled back, "They're back in Sporting Goods!!"