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Thread: Question about holding a weapon "at the ready"

  1. #1
    Regular Member Lord Sega's Avatar
    Join Date
    Jul 2010
    Warrenton, Oregon

    Question about holding a weapon "at the ready"

    I was looking around the LawGuru website where people can write in with law issues and get free advice (usually go get a lawyer) but some of it is interesting.

    There was a question about a gun problem in Louisiana (I'm in Oregon, so don't know the laws for there), here it is as written:

    i had an altercation with my neighbor and she called some family members to fight me as they were pulling in her yard i came outside to dispose of some garbage and they started threatning me. My dad came outside to see what was going on and he was assualted, my husband came outside and told me to come in. When i went inside i went to go retrieve my husbands gun that's in his name not mine. i went to the front door with the gun and stood there with the glass screendoor shut with the gun in my hand and my husband took the gun away and the screendoor is see through so the police officer took the gun away an charged me with aggravated assualt and disturbing the peace now i have a criminal record already from 2003 what should i expect if i plead guilty and what should i expect if i plead not guilty
    So my question, and I know there is probably more to the story, but going by what is here... if a person retrieves a gun because of an escalating altercation, and only holds it at the ready, how can they justify "aggravated assault and disturbing the peace? This is assuming that the person was just standing there, observing the altercation, but with the gun in hand (not pointed) just in case it's needed.

  2. #2
    Regular Member
    Join Date
    Feb 2010
    Anywhere but here.
    If you were on your property, and they were also on your property I believe you would be legal. We do have castle doctrine here afterall. You should definetely get a lawyer. If you plead guilty it's a felony and you could get screwed.
    This site has been hijacked by leftists who attack opposition to further their own ends. Those who have never served this country and attack those who do are no longer worthy of my time or attention.

  3. #3
    Regular Member
    Join Date
    Jul 2009
    Hammond Area, LA, ,
    The way that the poorly written letter was written seems to indicate that the person went into their home and retrieved a weapon that remained in their home. There is absolutely no reason to charge the person with agg. assault...defense of the home with a firearm is legal and codified in the states Castle Doctrine that NRA spoke about. You can carry a weapon in any fashion you chose in your home. Now, seeing as how the writer doesn't seem to know **** about firearms or their rights in general, you have to make a big assumption on what they mean by "at the ready." The definition of at the ready can vary from someone with no training, someone with minimal training, someone who trains regularly, etc. Her definition probably means cocked and locked and pointed right out like she's about to shoot. Which leads me to my next point.

    The letter says " husband took the gun away and the screendoor is see through so the police officer took the gun away..." which literally makes no sense at all. Assuming the last sentence in the above paragraph is accurate, the LEO likely rolled up and saw a woman pointing a gun out the front door (with it being glass he may not have been able to see the door.) So naturally it's a threat and he needs to disarm her; probably a very smart move. That should have been all. There was no agg. assault. It was preparation for self defense. NOW, as you said there is likely much more to the conversation but LEOs tend to issue an agg. assault summons to anyone possessing a weapon regardless of what common sense would dictate. Weapon = guilty.

    The questions is asked about pleading guilty. Why would you plead guilty to something that you did not do in the first place. This is just absolutely freaking stupid. If that's a serious consideration then plead it that way because the person likely has no business possessing a weapon in the first place.

    Finally, everyone who OCs or CCs should re-read that letter above. This is a classic example of how not to record an event and what not to do in the aftermath. You should, on the other hand, record it with a video and audio recording device if possible, then immediately afterward take a piece of paper and write down everything that happened as it happened to you in your own words, or use a computer if your spelling and grammar isn't the best. Use proper grammar and sentence structure. A judge, lawyer, or LEO (hell anyone for that matter) that reads the above account will dismiss it immediately, just like I did when I read it. If you can't form complete sentences, accurately and thoroughly convey what happened in a manner that is easily understood by everyone, then you immediately discredit yourself.

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