Just interloping here from another state, but I thought it might be helpful to the case at hand to add:
From:
53a.181.(6)
Sec. 53a-181.(6) creates a public and hazardous or physically offensive condition by any act which such person is not licensed or privileged to do.
"Physically offensive" doesn't always mean what everyone thinks, it's distinct from 'morally offensive' (OMG, that man's
got a gun!).
Massachusets “...hazardous or physically offensive conditions” given in the comment to Model Penal Code § 250.2 include “setting off ‘stink bombs,’ strewing garbage, nails, or noxious substances in public passages, turning off lights in an occupied theater, and an endless variety of public annoyances......Of these examples, those that do not involve creation of a “hazardous condition” and so would fall in the category of “physically offensive conditions” all appear to be conditions that offend the senses or cause public annoyance or alarm..."
Hawaii"...creation of a hazardous or physically offensive condition by an act not covered by any authorized license or permit. It would prohibit, for example, the use of a "stink bomb," strewing garbage or other noxious substances in public places, and turning off the lights in a public auditorium..."
Pennsylvania "...4) creates a hazardous or physically offensive condition by any act which serves no legitimate purpose of the actor..." I would argue that defending the lives of oneself or other innocents is a rather legitimate purpose; isn't that why the police carry weapons?
