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Thread: Looking for a law

  1. #1
    Regular Member Recoil88's Avatar
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    Looking for a law

    Is there a law or something where someone can be arrested and charged for trying to take your gun out of your holster while you are OC'ing?

  2. #2
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    It would not be something like "attempting to disarm a lawful civilian" or something you've never heard of, it would be a more common crime and depends on the case. Almost every case I can think of (assuming the attempted disarm is unlawful) would be assault (any unwanted touching or an action that makes a person feel threatened for their safety). Maybe assault with a deadly weapon depending on the case. If you can prove that the person had intent to use your weapon on you, they could be looking at attempted murder charges. That's in the most extreme case.

    This has happened before, but not in MI. It happened in Georgia. Thankfully I have saved the link to the thread: http://georgiapacking.org/forum/view...p?f=26&t=40381

    So to answer your question, yes, a law exists, it is a normal crime, assault. The person would be arrested and charged with assault and any other applicable charges.

  3. #3
    Regular Member Recoil88's Avatar
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    Thanks for the reply i appreciate it.

  4. #4
    Regular Member Yooper's Avatar
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    I suppose attempted robbery would fit too.

  5. #5
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    If the muzzle covered any part of your body, for any length of time, I would say its a felonious assault.

  6. #6
    Michigan Moderator DrTodd's Avatar
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    Quote Originally Posted by Sefner View Post
    It would not be something like "attempting to disarm a lawful civilian" or something you've never heard of, it would be a more common crime and depends on the case. Almost every case I can think of (assuming the attempted disarm is unlawful) would be assault (any unwanted touching or an action that makes a person feel threatened for their safety). Maybe assault with a deadly weapon depending on the case. If you can prove that the person had intent to use your weapon on you, they could be looking at attempted murder charges. That's in the most extreme case.

    This has happened before, but not in MI. It happened in Georgia. Thankfully I have saved the link to the thread: http://georgiapacking.org/forum/view...p?f=26&t=40381

    So to answer your question, yes, a law exists, it is a normal crime, assault. The person would be arrested and charged with assault and any other applicable charges.
    Yep, most likely assault... maybe assault w/ a deadly weapon.
    Giving up our liberties for safety is the one sure way to let the violent among us win.

    "Though defensive violence will always be a 'sad necessity' in the eyes of men of principle, it would be still more unfortunate if wrongdoers should dominate just men." -Saint Augustine

    Disclaimer I am not a lawyer! Please do not consider anything you read from me to be legal advice.

  7. #7
    Regular Member kryptonian's Avatar
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    charged

    you mean AFTER they get to the hospital or morgue? i guess if they're in the morgue they wouldn't charge him. if the elements aren't there to discharge your weapon there sure would be plenty to put the hurt on him. the butt of the gun would make a nice magazine mark on his forehead. they would be close enough for a nice kick to the knee cap and a solid throat punch. you might want to keep some zip ties in your vehicle for makeshift handcuffs too. sorry to sound violent but that's the nature of these attacks and they came to you for whatever stupid reasoning that made sense in their head.

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    If you were to tie him/her or detain that person in any other way, except to get them to stay on their own decision, then you will be in a heap of trouble yourself.

  9. #9
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    Quote Originally Posted by stainless1911 View Post
    If you were to tie him/her or detain that person in any other way, except to get them to stay on their own decision, then you will be in a heap of trouble yourself.
    This. You would go from zero jail time to felony kidnapping extremely quickly. There is one reason to tie someone up: they are a serious danger to someone else. If they are a serious danger to someone else, then you have no business tying them up and every reason to use the force you deem necessary. In other words: in every situation that you would "tie someone up", using force to stop the threat is a better idea.

  10. #10
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    Quote Originally Posted by Yooper View Post
    I suppose attempted robbery would fit too.
    It's a larceny unless there is a threat/use of force.

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