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Thread: My friend pulled his gun and is now scared

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    Regular Member renoglock22's Avatar
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    My friend pulled his gun and is now scared

    My friend was followed home by some guy. After they got to my friend's house the guy was threatening to beat his ass and was a well built guy. After this guy started yelling my friend grabbed his gun from his car and headed to the house. The guy followed him and was trying to get into the house. My friend's dad was trying to keep this guy out but since he just broke his back he couldn't do much against this guy. At this point my friend racked his gun (should have been racked before this point IMO) and the guy said he was calling the cops and left. The police showed up and took a report ad confiscated his gun. Now his family is telling him to take anger management classes and his brother never wants to see him again because his wife and kid witnessed the whole thing. What is messed up about that is his brother carries everyday as well. Anyway, my friend is afraid that he could get charged with brandishing. I told him that if they had anything to charge him with they would have arrested him on the spot. He is still scared. Any advise I could give him to deal with his family or the law? BTW he lives in Dayton, I know it's the same laws but he says the DA is a real dick.

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    Of course, this is only one side of the story.

    Suggest your friend keeps his lips shut and listens to his lawyer.

    Cops are already involved .. who knows what you friend told the cops .. but it was enough for them to take his gun away.

    Oh, and they can come back and charge .. they do it all the time.

    Brother never wants to see him again? That's what brothers are for I guess ...

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    We have the same friend.

    I told him similar, that brandishing isn't a law but its called "Drawing a weapon in a threatening manner" NRS 202.320. Told him if they thought he had committed a crime, with a GUN, they he would've taken a ride that night. I have no first hand experience other than what he told me on fb in a PM, but part of me believes the weapon could've been taken along the lines of a "domestic disturbance" situation, where the cops show up, calm things down but disarm everybody.

    I told him I'd be demanding they return the GD gun, right now. He was told he needs to provide a "proof of purchase" before he can get it back (furthering my suspicion that he won't be charged with a crime, why would they tell him how to get it back so quickly?). I told him that PoP is crap, tell them the truth that it was purchased private party and no paperwork was done. As long as the gun doesn't show stolen, it's HIS GUN and I'd be demanding it's return. If they give him the same bullcrap, get a supervisor and work his way up the ladder. If that doesn't work, contact the DA and demand to know what crime he's being investigated for (if the took the gun as "evidence").

    Further more, I don't think he was out of line in drawing his pistol. Unless we're not getting the full story, he used his weapon to stop a breaking and entering, a FELONY. I'd be demanding the bastard be arrested. I feel for our boy, hope this turns out well.

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    Accomplished Advocate BB62's Avatar
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    Quote Originally Posted by renoglock22 View Post
    My friend was followed home by some guy...
    Paragraphs make it easier to read other's posts.

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    A. Who's house was it? If his or his dad's then what brother & family think is irrelivent.
    B. Why was the guy angry at your friend? Simple road rage or was friend messing with his wife?
    C. If aggressor has entered house against wishes of owner and in threatening manner, he gets 2 in the chest!! If you are in reasonable fear for your own or others safety, you don't brandish a gun, you use it! Castle Doctrine 101.
    Lower the crime rate by lowering the criminal survival rate!
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    Regular Member renoglock22's Avatar
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    Quote Originally Posted by jfrey123 View Post
    We have the same friend.

    I told him similar, that brandishing isn't a law but its called "Drawing a weapon in a threatening manner" NRS 202.320. Told him if they thought he had committed a crime, with a GUN, they he would've taken a ride that night. I have no first hand experience other than what he told me on fb in a PM, but part of me believes the weapon could've been taken along the lines of a "domestic disturbance" situation, where the cops show up, calm things down but disarm everybody.

    I told him I'd be demanding they return the GD gun, right now. He was told he needs to provide a "proof of purchase" before he can get it back (furthering my suspicion that he won't be charged with a crime, why would they tell him how to get it back so quickly?). I told him that PoP is crap, tell them the truth that it was purchased private party and no paperwork was done. As long as the gun doesn't show stolen, it's HIS GUN and I'd be demanding it's return. If they give him the same bullcrap, get a supervisor and work his way up the ladder. If that doesn't work, contact the DA and demand to know what crime he's being investigated for (if the took the gun as "evidence").

    Further more, I don't think he was out of line in drawing his pistol. Unless we're not getting the full story, he used his weapon to stop a breaking and entering, a FELONY. I'd be demanding the bastard be arrested. I feel for our boy, hope this turns out well.
    I guess we told him pretty much the same thing.

    Quote Originally Posted by mark-in-texas View Post
    A. Who's house was it? If his or his dad's then what brother & family think is irrelivent.
    B. Why was the guy angry at your friend? Simple road rage or was friend messing with his wife?
    C. If aggressor has entered house against wishes of owner and in threatening manner, he gets 2 in the chest!! If you are in reasonable fear for your own or others safety, you don't brandish a gun, you use it! Castle Doctrine 101.
    A. He said it was his dad's house. The reason he cares what his family thinks is because it is FAMILY and for some reason they hate him for pulling his gun out in self-defense.

    B. My friend said that the guy was mad at him for speeding past his house.

    C. I explained to him about the brandishing and what the law said about it. He has never been in this situation before and I guess the cops most likely lying to him and his family shaming him for pulling a gun made him feel like he messed up.
    Last edited by renoglock22; 07-01-2013 at 05:35 PM.

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    If his family "hates" him for pulling his weapon in self defense, what would they have done if he needed to shoot the guy. I'd be getting a new family... fast.
    Hoka hey

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    I can't help but wonder if we've got the whole story here.
    I'll make you an offer: I will argue and fight for all of your rights, if you will do the same for me. That is the only way freedom can work. We have to respect all rights, all the time--and strive to win the rights of the other guy as much as for ourselves.

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    NRS 202.340  Confiscation and disposition of dangerous weapons by law enforcement agencies.

    1.  Except as otherwise provided for firearms forfeitable pursuant to NRS 453.301, when any instrument or weapon described in NRS 202.350 is taken from the possession of any person charged with the commission of any public offense or crime or any child charged with committing a delinquent act, the instrument or weapon must be surrendered to:

    (a) The head of the police force or department of an incorporated city if the possession thereof was detected by any member of the police force of the city; or

    (b) The chief administrator of a state law enforcement agency, for disposal pursuant to NRS 333.220, if the possession thereof was detected by any member of the agency.

    Ę In all other cases, the instrument or weapon must be surrendered to the sheriff of the county or the sheriff of the metropolitan police department for the county in which the instrument or weapon was taken.

    2.  Except as otherwise provided in subsection 5, the governing body of the county or city or the metropolitan police committee on fiscal affairs shall at least once a year order the local law enforcement officer to whom any instrument or weapon is surrendered pursuant to subsection 1 to:

    (a) Retain the confiscated instrument or weapon for use by the law enforcement agency headed by the officer;

    (b) Sell the confiscated instrument or weapon to another law enforcement agency;

    (c) Destroy or direct the destruction of the confiscated instrument or weapon if it is not otherwise required to be destroyed pursuant to subsection 5;

    (d) Trade the confiscated instrument or weapon to a properly licensed retailer or wholesaler in exchange for equipment necessary for the performance of the agency’s duties; or

    (e) Donate the confiscated instrument or weapon to a museum, the Nevada National Guard or, if appropriate, to another person for use which furthers a charitable or public interest.

    3.  All proceeds of a sale ordered pursuant to subsection 2 by:

    (a) The governing body of a county or city must be deposited with the county treasurer or the city treasurer and the county treasurer or the city treasurer shall credit the proceeds to the general fund of the county or city.

    (b) A metropolitan police committee on fiscal affairs must be deposited in a fund which was created pursuant to NRS 280.220.

    4.  Any officer receiving an order pursuant to subsection 2 shall comply with the order as soon as practicable.

    5.  Except as otherwise provided in subsection 6, the officer to whom a confiscated instrument or weapon is surrendered pursuant to subsection 1 shall:

    (a) Except as otherwise provided in paragraph (c), destroy or direct to be destroyed any instrument or weapon which is determined to be dangerous to the safety of the public.

    (b) Except as otherwise provided in paragraph (c), return any instrument or weapon, which has not been destroyed pursuant to paragraph (a):

    (1) Upon demand, to the person from whom the instrument or weapon was confiscated if the person is acquitted of the public offense or crime of which the person was charged; or

    (2) To the legal owner of the instrument or weapon if the Attorney General or the district attorney determines that the instrument or weapon was unlawfully acquired from the legal owner. If retention of the instrument or weapon is ordered or directed pursuant to paragraph (c), except as otherwise provided in paragraph (a), the instrument or weapon must be returned to the legal owner as soon as practicable after the order or direction is rescinded.

    (c) Retain the confiscated instrument or weapon held by the officer pursuant to an order of a judge of a court of record or by direction of the Attorney General or district attorney that the retention is necessary for purposes of evidence, until the order or direction is rescinded.

    (d) Return any instrument or weapon which was stolen to its rightful owner, unless the return is otherwise prohibited by law.

    6.  Before any disposition pursuant to subsection 5, the officer who is in possession of the confiscated instrument or weapon shall submit a full description of the instrument or weapon to a laboratory which provides forensic services in this State. The director of the laboratory shall determine whether the instrument or weapon:

    (a) Must be sent to the laboratory for examination as part of a criminal investigation; or

    (b) Is a necessary addition to a referential collection maintained by the laboratory for purposes relating to law enforcement.

    [1:93:1913; 1919 RL p. 2710; NCL § 2300] + [2:93:1913; A 1953, 546]—(NRS A 1959, 547; 1967, 1719; 1989, 12, 143, 144; 1995, 304, 1154, 1161)

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    To the OP, sorry about your friend's situation. It is best to have him contact a lawyer. Everything else that is discussed here is pure speculation.


    Lesson learned?

    Going home if you are being followed is not wise. You just gave away your address.

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    Quote Originally Posted by Bernymac View Post

    Going home if you are being followed is not wise. You just gave away your address.
    So I should go to my state representative's house who just voted to take away our gun rights? hmmm../kill 2 birds with 1 stone

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    Regular Member jdholmes's Avatar
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    My friend pulled his gun and is now scared

    We can't do anything to help your friend beyond advising him to seek legal council...and advising that he be truthful and accurate with his lawyer.

    I don't believe he 's giving you or us the full and unbiased story, but that is to be expected.

    There are some huge gaps in his version of this event. Probably those gaps would make him look less of a victim, but that's speculation too.

    I would be willing to wager that his family issues go beyond just this one incident.

    If it went down exactly how you stated and nothing else, than his family would have been likely in fear of their own lives and been on the phone with 911 on theirs and your friends behalf...who should have himself already contacted 911 if at all possible.

    The fact that he never contacted them at all, before or after the fact, also makes him look a whole lot less like a victim to the cops.

    There is so much missing from this tale.
    Last edited by jdholmes; 07-02-2013 at 09:31 AM.

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    Quote Originally Posted by DON`T TREAD ON ME View Post
    NRS 202.340  Confiscation and disposition of dangerous weapons by law enforcement agencies.
    Been there, done that, wrote a nastygram to the city attorney and got my gun back without providing SSN, birthplace, or jumping through hoops for a background check.

    http://forum.opencarry.org/forums/sh...=1#post1848283
    (follow down to post #215 or so)

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    Quote Originally Posted by davidmcbeth View Post
    So I should go to my state representative's house who just voted to take away our gun rights? hmmm../kill 2 birds with 1 stone
    That's a given...duh!

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    Quote Originally Posted by davidmcbeth
    So I should go to my state representative's house who just voted to take away our gun rights?
    Or a police station. That'll usually scare off a jerk like that.

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    Regular Member renoglock22's Avatar
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    Quote Originally Posted by MKEgal View Post
    Or a police station. That'll usually scare off a jerk like that.

    Apparently the guy that was trying to force his way into the house, his dad is a cop. I think that might be why my friends gun got taken away.

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    Well here's an interesting story for the morning.

    So your friend pissed off a rather large individual for apparently speeding past his house? Did the guy have kids playing in the street out front? Did your friend just miss hitting him? Did he yell something out the window that angered the guy enough to follow him and attempt physical harm? And then he got to his dad's house. The large individual continued being verbally and physically aggressive. Your friend grabs a gun out of his vehicle and proceeds to go into the house. The guy, apparently no wanting the conflict to be over, attempts to push his way into the house to continue his verbal assault and strong arming other members of the household past the front door. Your friend then pulls his gun, and if this guy actually made his way into the house, rightly so. The guy then backs off and says he's going to call the police. How does one call the police after they forced their way into another person's home, the person in the home pulls a weapon to protect themselves, and the police end up confiscating the weapon later?

    Yeah, I'm not buying it. There are a ridiculous amount of crazy people in the world but this story has more holes than swiss cheese. I'm not calling you a liar but anyone with half a brain would say your buddy is leaving out a LOT of info on this.

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    Either the "friend" takes proper action to protect/defend himself (see a lawyer) or he does not. Too often these "it happened to a friend" scenarios are worse than "what-ifs" - all details are not known and they are tainted with personal perspective. If something comes of this, let us know. Getting the gun back absenting any charges should not be a big deal - in fact opens certain opportunities.
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    Quote Originally Posted by 40packin View Post
    Well here's an interesting story for the morning.

    So your friend pissed off a rather large individual for apparently speeding past his house? Did the guy have kids playing in the street out front? Did your friend just miss hitting him? Did he yell something out the window that angered the guy enough to follow him and attempt physical harm? And then he got to his dad's house. The large individual continued being verbally and physically aggressive. Your friend grabs a gun out of his vehicle and proceeds to go into the house. The guy, apparently no wanting the conflict to be over, attempts to push his way into the house to continue his verbal assault and strong arming other members of the household past the front door. Your friend then pulls his gun, and if this guy actually made his way into the house, rightly so. The guy then backs off and says he's going to call the police. How does one call the police after they forced their way into another person's home, the person in the home pulls a weapon to protect themselves, and the police end up confiscating the weapon later?

    Yeah, I'm not buying it. There are a ridiculous amount of crazy people in the world but this story has more holes than swiss cheese. I'm not calling you a liar but anyone with half a brain would say your buddy is leaving out a LOT of info on this.
    Happens every day ... in crazy town ...

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    Quote Originally Posted by renoglock22 View Post
    Now his family is telling him to take anger management classes and his brother never wants to see him again because his wife and kid witnessed the whole thing. What is messed up about that is his brother carries everyday as well.
    Quote Originally Posted by davidmcbeth View Post
    Of course, this is only one side of the story.
    The fact that brother carries, and yet brother shares family's concern, suggests to me that your friend might need to do some soul-searching.

    If one person tells you you've got a problem, it's probably his problem. If everybody tells you you've got a problem, you probably have a problem.

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    Quote Originally Posted by renoglock22 View Post
    My friend was followed home by some guy. After they got to my friend's house the guy was threatening to beat his ass and was a well built guy. After this guy started yelling my friend grabbed his gun from his car and headed to the house. The guy followed him and was trying to get into the house. My friend's dad was trying to keep this guy out but since he just broke his back he couldn't do much against this guy. At this point my friend racked his gun (should have been racked before this point IMO) and the guy said he was calling the cops and left. The police showed up and took a report ad confiscated his gun. Now his family is telling him to take anger management classes and his brother never wants to see him again because his wife and kid witnessed the whole thing. What is messed up about that is his brother carries everyday as well. Anyway, my friend is afraid that he could get charged with brandishing. I told him that if they had anything to charge him with they would have arrested him on the spot. He is still scared. Any advise I could give him to deal with his family or the law? BTW he lives in Dayton, I know it's the same laws but he says the DA is a real dick.
    Laws vary state to state, not familiar with laws in that state, but in general, if you have reasonable cause to believe you are in danger, then you aren't "brandishing" if you display your firearm, draw it, etc.

    Prosecutors, in deciding whether to charge consider BOTH sides of the story - your friends, and the other guys. Imo and Ime, based on scores of cases, that's why if you do act in self defense, it's best to give at least a brief account to the cops and then say you will give a full account once you get your lawyer. Fwiw, last night there was a guy in maple valley who fired at some home invasion robbers after they robbed him and were loading stuff (including his rifles) into their car. He was questioned at the scene by the cops, gave his side of the story, and that was that. I will bet anybody on this website no charges will be filed. Granted, he was a victim of a home invasion, much more severe than the above mentioned case, but by giving his "story" he will not be arrested or charged as in the overwhelming # of cases of self defense in my jurisdiction

    http://www.komonews.com/news/crime/P...219596551.html

    The "racked the gun thing" blows my mind. Does he carry his gun w.o a round in the chamber?

    Was the guy standing at the threshold of his residence when he racked the gun? fwiw, in WA you CAN'T be charged with brandishing IF it occurs at your abode. Can't speak for the statute of the above jurisidiction, though. But likely the prosecutor will be much more sympathetic to your friend if he was standing at or near the threshold and simply defending it from entry, etc.

    I don't know what you mean by the guys were trying to get into the house, and of course that's hugely relevant. Were they literally at the door, pushing the door in against resistance? etc. etc.

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    Nevada does not use the term "brandishing". But we do have - NRS 202.320  Drawing deadly weapon in threatening manner. In order to be in violation of the law, there are criteria that have to be met. I've bolded two of them in the context of the NRS below.

    NRS 202.320  Drawing deadly weapon in threatening manner.

    1.  Unless a greater penalty is provided in NRS 202.287, a person having, carrying or procuring from another person any dirk, dirk-knife, sword, sword cane, pistol, gun or other deadly weapon, who, in the presence of two or more persons, draws or exhibits any of such deadly weapons in a rude, angry or threatening manner not in necessary self-defense, or who in any manner unlawfully uses that weapon in any fight or quarrel, is guilty of a misdemeanor.

    2.  A sheriff, deputy sheriff, marshal, constable or other peace officer shall not be held to answer, under the provisions of subsection 1, for drawing or exhibiting any of the weapons mentioned therein while in the lawful discharge of his or her duties.

    [1911 C&P § 174; RL § 6439; NCL § 10121]—(NRS A 1967, 486; 1989, 1240)
    Hoka hey

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    Quote Originally Posted by FallonJeeper View Post
    Nevada does not use the term "brandishing". But we do have - NRS 202.320  Drawing deadly weapon in threatening manner. In order to be in violation of the law, there are criteria that have to be met. I've bolded two of them in the context of the NRS below.

    NRS 202.320  Drawing deadly weapon in threatening manner.

    1.  Unless a greater penalty is provided in NRS 202.287, a person having, carrying or procuring from another person any dirk, dirk-knife, sword, sword cane, pistol, gun or other deadly weapon, who, in the presence of two or more persons, draws or exhibits any of such deadly weapons in a rude, angry or threatening manner not in necessary self-defense, or who in any manner unlawfully uses that weapon in any fight or quarrel, is guilty of a misdemeanor.

    2.  A sheriff, deputy sheriff, marshal, constable or other peace officer shall not be held to answer, under the provisions of subsection 1, for drawing or exhibiting any of the weapons mentioned therein while in the lawful discharge of his or her duties.

    [1911 C&P § 174; RL § 6439; NCL § 10121]—(NRS A 1967, 486; 1989, 1240)
    Thanks. That's pretty consistent with model penal code, and consistent with how most states cosndier "brandishing". Iow, as I said, it's never brandishing if done in valid self defense, based on the reasonable person standard. Iow, did the actor reasonably fear imminent harm. If so, his brandishing/drawing/display etc. of his firearm is entirely legal.

    and of course if somebody is trying to forcefully enter your home, it is presumed (in most every state) that they intend to do you physical harm. That's why in pretty much every state a resident can shoot a burglar without first having to DETERMINE that they are armed and/or intending them harm. It's a presumption when an actor breaks into an occupied residence
    thanks for the cite

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    Lawyer up and get back to us.

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    Quote Originally Posted by NRS
    ...
    1.  ...a person ... who ... draws or exhibits any of such deadly weapons in a rude, angry or threatening manner not in necessary self-defense, or who in any manner unlawfully uses that weapon in any fight or quarrel, is guilty of a misdemeanor.

    2.  A sheriff, deputy sheriff, marshal, constable or other peace officer shall not be held to answer, under the provisions of subsection 1, for drawing or exhibiting any of the weapons mentioned therein while in the lawful discharge of his or her duties....
    So the law says that drawing and exhibiting deadly weapons in a threatening manner when not in necessary self defense is part of the lawful job of a cop. Cool.
    "It's not important how many people I've killed. What's important is how I get along with the people who are still alive" - Jimmy the Tulip

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