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Open Carrying and FCPD

Neplusultra

Neplusultra

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Joined
Sep 7, 2007
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2,224
Location
Christiansburg, Virginia, USA
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LEO 229 wrote:
Doug Huffman wrote:
LEO 229 wrote:
Here is what is needed..."in such manner as to reasonably induce fear in the mind of another"
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I don''t know for what that is needed, but that is not 'intent'.
....
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It would be so easy to pull it out and "ever-so innocently" brandish it thenplay it off like you never meant to scare anyone. How are you going to prove intent unless the person says he did itto scare the person.

Furthermore... someone can point a weapon at a group of people and only have intent to aim it at one person. Does this negate the others as victims since there was no intent to point it at them?

The keyword here is "reasonably" and this allows the magistrate to decide if there was a violation of the state codebased on the what happened.
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Dog Gone LEO, you made sense this time :^). The law makes it incumbant on the gun owner to behave himself in a way that would not cause a reasonable person to fear, as it should be in a civil society. There should be only one reason to have your gun out of it's holster in a public place and that's to use it. I don't consider Mr. Chiang's front yard "public", nor to my knowledge was there anyone else around, except the neighbor who saw them from his window?
 
L

LEO 229

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I do not see the responsible gun owner doing anything that would be considered intimidating if he is just putting a rifle in his car. I did that today behind my house before going to the range.

As I said.. the manner that he carried it would be described and there would have to be some overt act where he actually pointed it at a neighbor from the hip or shoulder.

The exception would be if he held it up to display it at his neighbor and never actually point it while saying"I got something for you" might be problematic.

Just having it in your hands down at your sidesin transport mode would never be a problem.

EDIT: For someone to call the police and then state" Well, I was scared when he walked out of his house and put a rifle in the trunk of his car." This just would not cut it. The person is going to need to report something far worse then relocating the gun from one location to another.
 
N

nova

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Aug 19, 2007
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LEO 229 wrote:
The exception would be if he held it up to display it at his neighbor and never actually point it while saying"I got something for you" might be problematic.
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Maybe he was going to give his neighbor an AR15 :lol:. :cool:
 
L

LEO 229

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Joined
Feb 21, 2007
Messages
7,606
Location
USA
imported post

nova wrote:
LEO 229 wrote:
The exception would be if he held it up to display it at his neighbor and never actually point it while saying"I got something for you" might be problematic.
Click to expand...
Maybe he was going to give his neighbor an AR15 :lol:. :cool:
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Oh... he was going to give it to him... bullets first?? :celebrate
 
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