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Thread: brandishing, assault or something else

  1. #1
    Accomplished Advocate peter nap's Avatar
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    brandishing, assault or something else

    There are two comments concerning stopping or slowing traffic in this screen grab.
    What laws would be broken and what response would be legal?

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    Well Peter…,

    the railroad sometimes would claim something like "impeding interstate commerce" when the train would get stopped by, or colliding with tractor trailers or other vehicles stuck on tracks or grade crossings. Not sure that would apply, it would be a real stretch, not unlike some of our more familiar "brandishing" cases. :>(

    sidestreet

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    we are not equal, we will never be equal, but we must be relentless.

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    Sorry, got stuck on "one track" thinking…,

    Quote Originally Posted by sidestreet View Post
    the railroad sometimes would claim something like "impeding interstate commerce" when the train would get stopped by, or colliding with tractor trailers or other vehicles stuck on tracks or grade crossings. Not sure that would apply, it would be a real stretch, not unlike some of our more familiar "brandishing" cases. :>(

    sidestreet

    Jeremiah 29:11-13

    we are not equal, we will never be equal, but we must be relentless.

    I think brandishing might well apply, I guess it all depends on a lot of things like the county, the judge, and whether it's close to lunch or something, just to name a few. For example, remember when we were down in Surry for Skid's case and we had to sit through some other farce before getting to Skid's case, and one of the "players" had an outstanding warrant for "brandishing", which was totally unrelated to the case he was presently there for? IIRC, the "player" was in the woods "hunting" when some other folks happened along making too much noise to suit the "player" so he fired his shotgun, and subsequently the noise ceased and the folks causing it departed the scene post haste. There was some discussion and the matter was dropped without further ado, yet "we, (Skid mostly)" were to be run through the legal "wringer" for our buddy pointing his finger and standing up for his (and our) rights. I say "we" because there were small incidents that were designed to try and generally "piss us off" like the deputy trying to tell Grape that he couldn't have his gun in the foyer just outside the metal detectors, which Grape promptly pounced on and set them straight, and then Crybaby Poindexter pointing out to the Judge that "Yo Honuh, there are men outside this courtroom with guns!!" The Judge seemed…, amused.

    Oh yeah, and if you just happen to be driving a school bus for a private school in a county where lots of "professional" folks send their kids to school and have that county's police hired as "Security", your chances of having anyone that just happens to have a gun convicted of brandishing are greatly multiplied, whether the gun was pointed or not, even if there is photographic evidence that none of what you claim is true. So as I said, it depends on lots of things. Just thought I'd throw that in for Scouser.

    sidestreet

    Jeremiah 29;11-13

    we are not equal, we will never be equal, but we must be relentless.
    Last edited by sidestreet; 09-07-2015 at 11:49 AM.

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    http://www.virginiadot.org/business/...signs_book.pdf

    As far as if what laws would be broken...Petey Nap does not give enough information .. need to know the place that the signage would placed, location of sign relevant to road, if road is a federal highway etc.

    Issues may include federal, state, county, and local laws, rules, regulations, and case law.

    I suggest Petey use this resource: GOOGLE

    His lack of legal acumen is noted. Petey is advised not to post signs that he does not know will land him in jail or not.
    Last edited by Grapeshot; 09-07-2015 at 12:18 PM. Reason: rule #19

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    Accomplished Advocate peter nap's Avatar
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    Quote Originally Posted by davidmcbeth View Post
    http://www.virginiadot.org/business/...signs_book.pdf

    As far as if what laws would be broken...Petey Nap does not give enough information .. need to know the place that the signage would placed, location of sign relevant to road, if road is a federal highway etc.

    Issues may include federal, state, county, and local laws, rules, regulations, and case law.

    I suggest Petey use this resource: GOOGLE

    His lack of legal acumen is noted. Petey is advised not to post signs that he does not know will land him in jail or not.
    Thank you for taking time out from your ambulance chasing for offering that advice Davey.
    I'll file it in the usual place next to the throne!
    Last edited by peter nap; 09-07-2015 at 12:31 PM.

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    Quote Originally Posted by peter nap View Post
    Thank you for taking time out from your ambulance chasing for offering that advice Davey.
    I'll file it in the usual place next to the throne!
    And instead of providing the information noted as being needed, Petey posts this....I don't think he's interested in the subject anymore. Maybe a butterfly flew by ...

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    Accomplished Advocate peter nap's Avatar
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    Quote Originally Posted by davidmcbeth View Post
    And instead of providing the information noted as being needed, Petey posts this....I don't think he's interested in the subject anymore. Maybe a butterfly flew by ...
    That's just for you Davey...why feed information into a dumb waiter.

    For people capable of intelligent reasoning, they know that screen grab is all there is. I can understand YOUR confusion though.
    Last edited by peter nap; 09-07-2015 at 12:39 PM.

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    Quote Originally Posted by peter nap View Post
    That's just for you Davey...why feed information into a dumb waiter.

    For people capable of intelligent reasoning, they know that screen grab is all there is. I can understand YOUR confusion though.
    The butterflies are getting away Petey .... now go out and play like your mommy told you to do.

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    Accomplished Advocate peter nap's Avatar
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    Quote Originally Posted by davidmcbeth View Post
    The butterflies are getting away Petey .... now go out and play like your mommy told you to do.
    My mommy died 20 years ago Davey.
    Did yours make you stay home today.

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    Quote Originally Posted by peter nap View Post
    My mommy died 20 years ago Davey.
    Did yours make you stay home today.
    Mine is also deceased but at least I had the decency to bury her.

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    Accomplished Advocate peter nap's Avatar
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    Quote Originally Posted by davidmcbeth View Post
    Mine is also deceased but at least I had the decency to bury her.
    I'm sorry to hear that David.

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    you two children need a time out in the corner lol. This is embarrassing to read.
    "I support the ban on assault weapons" - Donald Trump

    We are fast approaching the stage of the ultimate inversion: the stage where the government is free to do anything it pleases, while the citizens may act only by permission - Ayn Rand

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    Accomplished Advocate peter nap's Avatar
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    Quote Originally Posted by twoskinsonemanns View Post
    you two children need a time out in the corner lol. This is embarrassing to read.
    Yeah....your probably right...
    Back on ignore damn spot.

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    Regular Member TFred's Avatar
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    As the saying goes, IANAL, but I read a lot.

    From what I have read in the past, the one comment that raises the most attention is "let them look down the barrel of my 1100."

    If a man can be convicted of Brandishing for merely raising a shirt and making a verbal reference to a flare gun in his waistband, I would certainly think that actually pointing a shotgun at a person would also be Brandishing.

    And from this website, we find a definition of Assault as:

    "Intentionally putting another person in reasonable apprehension of an imminent harmful or offensive contact. No intent to cause physical injury needs to exist, and no physical injury needs to result."

    I should know this, but I cannot recall, does Virginia define "assault" in Code anywhere?

    At first glance, it would seem to me that pointing a shotgun at a person should result in a conviction of BOTH Brandishing AND Assault.

    TFred

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    "He'll regret it to his dying day....if ever he lives that long."----The Quiet Man

    Because stupidity isn't a race, and everybody can win.

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    Quote Originally Posted by TFred View Post
    As the saying goes, IANAL, but I read a lot.

    From what I have read in the past, the one comment that raises the most attention is "let them look down the barrel of my 1100."


    I should know this, but I cannot recall, does Virginia define "assault" in Code anywhere?

    TFred
    Yes. Yes, you should. It's at http://law.lis.virginia.gov/vacode/t...ection18.2-57/

    See how a hobby of studying the laws relating to ice cream and frozen yogurt can come in handy?

    stay safe.
    "He'll regret it to his dying day....if ever he lives that long."----The Quiet Man

    Because stupidity isn't a race, and everybody can win.

    "No matter how much contempt you have for the media in all this, you don't have enough"
    ----Allahpundit

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    Quote Originally Posted by skidmark View Post
    Yes. Yes, you should. It's at http://law.lis.virginia.gov/vacode/t...ection18.2-57/

    See how a hobby of studying the laws relating to ice cream and frozen yogurt can come in handy?

    stay safe.
    look at all the special classes of citizens noted past para. (A) .... they are special.

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    Orange and black signs are advisory They don't hold the letter of the law they are for warning. Unless they were place to obstruct traffic I think it would be hard to find a chargeable offense.
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    Accomplished Advocate peter nap's Avatar
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    Quote Originally Posted by Firearms Iinstuctor View Post
    Orange and black signs are advisory They don't hold the letter of the law they are for warning. Unless they were place to obstruct traffic I think it would be hard to find a chargeable offense.
    I don't care about the signs. That's typical dog hunter nonsense. Stopping traffic in violation of hunting laws and stopping traffic at gun point are the big issues.
    I have a video of a fellow shooting deer down the middle of a road at a blind curve. A copy of that's going to every member of the general assembly, along with this image and a break down of offenses.
    Harris has already been tried on the shooting, reckless handling and trespass y charges.

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    Quote Originally Posted by peter nap View Post
    I don't care about the signs. That's typical dog hunter nonsense. Stopping traffic in violation of hunting laws and stopping traffic at gun point are the big issues.
    I have a video of a fellow shooting deer down the middle of a road at a blind curve. A copy of that's going to every member of the general assembly, along with this image and a break down of offenses.
    Harris has already been tried on the shooting, reckless handling and trespass y charges.
    Why are you on this forum if you are such an anti .

    I'll bet your only income is from the gov't. And of course, a registered democrat who makes calls for Hillary.
    Last edited by davidmcbeth; 09-08-2015 at 01:05 AM.

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    Quote Originally Posted by davidmcbeth View Post
    Why are you on this forum if you are such an anti .

    I'll bet your only income is from the gov't. And of course, a registered democrat who makes calls for Hillary.
    LOL Congrats Davey, you have surpassed your previous idiotic spew level by 500%.

    Stick to what you claim to know up in Yankee land, because you don't know squat about Virginia, as you have proven spew after spew.

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    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by davidmcbeth View Post
    Why are you on this forum if you are such an anti .

    I'll bet your only income is from the gov't. And of course, a registered democrat who makes calls for Hillary.
    Quote Originally Posted by va_tazdad View Post
    LOL Congrats Davey, you have surpassed your previous idiotic spew level by 500%.

    Stick to what you claim to know up in Yankee land, because you don't know squat about Virginia, as you have proven spew after spew.
    Suggesting that Peter Nap is an anti is like calling Donald Trump shy That shoe doesn't fit.

    Peter is very effective with the General Assembly.
    You will not rise to the occasion; you will fall back on your level of training.” Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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    Quote Originally Posted by Grapeshot View Post
    Suggesting that Peter Nap is an anti is like calling Donald Trump shy That shoe doesn't fit.

    Peter is very effective with the General Assembly.
    The only thing I see Peter being an anti is he is anti hound hunting.
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    Quote Originally Posted by Firearms Iinstuctor View Post
    The only thing I see Peter being an anti is he is anti hound hunting.
    I'm not even that as long as they keep them on their own property.
    David's on ignore so I missed the comments until they were quoted...but I just consider the source.
    He knows the shows over and wants to do damage control.

    Back to the dog hunters....it presents a problem in the general assembly, especially this year.
    The sub committee that manages to kill dog reform every year, has the same members that kill gun control. To quote what I told other land owners. They're saints on monday and sons of bikes on Wednesday, so lobby efforts are a tightrope.

    The dog wars have reached the point I fully expect someone to get shot this year that would fastback dog reform but give the gun lobby a black eye.

    The old baby and the bathwater issue.

  25. #25
    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by Firearms Iinstuctor View Post
    The only thing I see Peter being an anti is he is anti hound hunting.
    Peter is anti dog hunting on private land where the hunters and dogs do not have the landowner's permission to be. Right now, the only recourse is simple trespassing if one can catch them and prove the charge.

    He is man with a bone in his teeth. Not only do these bad examples of Virginia hunters damage private property (cutting locks, destroying gates, etc) but they intentionally put their dogs out to jump game living on that private land - he has videos of that. I believe he will eventually prevail in getting a more substantial law/penalty on the books.
    Last edited by Grapeshot; 09-08-2015 at 08:15 AM. Reason: fixed
    You will not rise to the occasion; you will fall back on your level of training.” Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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